Duvall City Zoning Code

A.

Purpose. The purpose of this chapter is to:

1.

Establish a fair, consistent, and timely process for securing land use and development rights;

2.

Provide clear, predictable, and coordinated procedures for the review of project permit applications and legislative actions;

3.

Promote efficient and transparent public and inter-agency review;

4.

Ensure that project permit applications and legislative actions are consistent with the City's comprehensive plan and development regulations; and

5.

Comply with Chapters 35A.63, 36.70B, and 43.21C RCW and WAC 365-196-845.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This chapter applies to:

1.

Project permit application subject to RCW 36.70B; and

2.

Legislative actions listed in DMC Table 14.08.040.A, Types of Review.

B.

Exempt Actions. Exempt actions remain subject to all applicable City codes, standards, and state laws. The following actions are exempt:

1.

Building, construction, utility, and right-of-way permits.

a.

Building permits (DMC Chapter 10.01, Construction and Administration Code);

b.

Right-of-way permits (DMC Chapter 8.04, Public Improvement Development Standards) that are categorically exempt from SEPA or SEPA was completed under an associated project permit;

c.

Clear and grade permits (DMC Chapter 10.12, Clearing and Grading) that are categorically exempt from SEPA or SEPA was completed under an associated project permit;

d.

Utility service connection permits (DMC Title 9, Water, Sanitary Sewers and Storm Sewers);

e.

Storage tank and vault permits (DMC Title 10, Buildings and Construction); and

f.

Other construction or administrative permits that are:

i.

Categorically exempt from SEPA, or use existing environmental documents and do not result in a new threshold determination or supplemental EIS pursuant to DMC 14.60.210, Using Existing Environmental Documents, and WAC 197-11-600; or

ii.

Excluded from project permit review under RCW 36.70B.140.

2.

Administrative Licenses and Operational Permits.

a.

Animal permits (DMC Chapter 6.14, Animals);

b.

Special event permit (DMC Chapter 8.12, Special Events); and

c.

Business licenses and similar regulatory approvals.

3.

Approvals Governed by Separate Statutes.

a.

Street vacations under RCW 36.79.

4.

City-Initiated Capital Projects. City projects, facilities, or capital improvements that are regulated under other chapters of code, provided that the project complies with SEPA, the comprehensive plan, and applicable development regulations, including but not limited to clear and grade requirements, sensitive area protections, and public works standards.

C.

Director Authority. The director may classify a permit not listed above as either a project permit or an exempt action based on review of the definition of "project permit" under DMC 14.06.160, P Definitions, and RCW 36.70B.140.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Land Use Entitlement Approval. An applicant must obtain land use entitlement approval before the City issues a building or construction permit for the proposed project, except:

1.

Type I applications associated with a building permit, where no separate project permit is required.

B.

Director. Consistent with DMC 14.06.040, D Definitions, where referenced in the chapter, "director" means the Director of Community and Economic Development or their designee.

C.

Calendar Days. For this chapter:

1.

"Days" means calendar days unless otherwise specified.

2.

When calculating the number of days in a time period (i.e., review time period, public comment period, timing of notice, etc.), the first day of the time period is excluded from the total number of days. For instance:

a.

If a 14-day public comment period begins on June 1, then the fourteenth day of the public comment period is June 15.

b.

If notice of a public hearing must occur at least 10 days before a meeting on September 15, then notice must occur no later than September 5.

D.

Fees. The City Council may, by resolution, adopt a fee schedule for project permit applications and appeals.

E.

Right-of-Entry. Submission of a project permit application constitutes permission for the City and its agents to enter the subject property at reasonable times to:

1.

Perform inspections;

2.

Document existing conditions (including photographs, video, such as drone footage); or

3.

Post or remove required public notices.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Determination of Review Type. The director must determine the appropriate review type for each application pursuant to DMC Table 14.08.040.A, Types of Review.

1.

If there is any ambiguity as to the required review type, the director must resolve it in favor of the higher review type.

2.

If the application is not listed in DMC Table 14.08.040.A, Types of Review, the director must determine the most appropriate review type based on the amount of discretion exercised by the decisionmaker, the level of impact associated with the decision, the amount and type of public input, and the type of appeal opportunity.

B.

Review Types. All applications are processed as one of five review types. The types of review are generally organized in ascending order of significance, amount of public process, and level of discretion exercised by the decisionmaker.

1.

Type I—Administrative decision with no public notice. Type I reviews involve little or no discretion, no public notice, and an administrative decision by the director.

2.

Type II—Administrative decision with public notice. Type II reviews involve a higher level of discretion than Type I reviews, public notice, and an administrative decision by the director.

3.

Type III—Hearing examiner decision with public notice. Type III reviews involve a higher level of discretion than Type I and Type II reviews, public notice, an open record public hearing, and a decision by the hearing examiner.

4.

Type IV—Council decision with public notice. Type IV reviews involve the highest level of discretion, public notice, an open record public hearing, and a decision by the City Council.

5.

Type V—Legislative action. Type V reviews are legislative actions that include at least one open-record public hearing and a decision by the City Council under its authority to establish policies and regulations. Type V reviews are not subject to RCW 36.70B or the procedures in this chapter unless otherwise specified.

Table 14.08.040.A Types of Review

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to all project permit applications and legislative actions listed under DMC Table 14.08.040.A, Types of Review, except where more restrictive review procedures are otherwise established by State law (e.g., Chapter 90.58 RCW, Chapter 58.17 RCW).

B.

Review Process by Type. DMC Table 14.08.050.A, Review Process, identifies the process for each type of review. In the table below:

1.

"Yes" means that a procedural step is required for that type of review.

2.

"No" means that the procedural step is not required for that type of review.

3.

"Optional" means that the procedural step is at the applicant's discretion.

Table 14.08.050.A Review Process

¹ Shoreline permits are subject to a 30-day public comment period in accordance with WAC 173-27110.

² The City Council may conduct a second pre-decision open record public hearing.

³ Subject to judicial appeal pursuant to DMC 14.08.220, Judicial Appeal.

⁴ Long subdivisions and short subdivisions are subject to the review time periods established by RCW 58.17.140.

⁵ Wireless communication facilities are subject to the review time periods established by Title 47 CFR §§ 1.3006 and 1.6100.

C.

Integrated Environmental Review. A project permit application that is subject to State Environmental Policy Act (SEPA) review must be reviewed pursuant to DMC Chapter 14.60, SEPA—Environmental Review, concurrently with review of the proposed project permit application, except where exempted by that chapter.

D.

Integrated Design Review. A project permit application that is subject to the City's design guidelines as established by DMC 14.34.010.B, Administration applicability, and must be reviewed concurrently with review of the proposed project permit in accordance with the following:

1.

Administrative Design Review.

a.

Type I and Type II reviews are subject to administrative design review.

b.

The department conducts administrative design review during the permit review process.

2.

Design Review Board.

a.

Type III reviews are subject to review by the planning commission, acting as the design review board, except where otherwise established by this chapter.

b.

The design review meeting must occur during a regularly scheduled planning commission meeting. No more than one design review meeting may be conducted for a project permit application.

c.

The planning commission must make a recommendation to the decisionmaker in accordance with DMC 14.62.035, Planning Commission Criteria.

E.

Optional Consolidated Review.

1.

If a project permit requires more than one application, the applicant may request to consolidate those applications into a single review process consistent with this chapter. The consolidated application must be reviewed at the highest required review type.

2.

If the applicant chooses not to consolidate, a project permit with a higher-numbered review type may be processed before a lower-numbered review type, as determined by the director.

3.

SEPA review must be conducted concurrently with the project permit review, except where exempted by DMC Chapter 14.60, SEPA—Environmental Review.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application except where established otherwise by State law. This section does not apply to Type V reviews, which are exempt from RCW 36.70B.

B.

Review Time Periods. The City must complete review and issue a final decision on a project permit application within the corresponding review time period established by DMC Table 14.08.040.A, Types of Review, except when:

1.

The applicant and the City mutually agree upon an extension of the review time period.

C.

Nonresponsiveness. Nonresponsiveness to a request for additional information for more than 60 consecutive days may result in 30 days being added to the review period.

1.

For this chapter, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the City, or that there is no ongoing communication from the applicant to the City on the applicant's ability or willingness to provide the additional information.

2.

Any written request from the City to the applicant that additional information is required pursuant to DMC 14.08.130, Determination of Completeness, or DMC 14.08.160, Consistency with Development Regulations, must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review.

3.

If the applicant is nonresponsive, the director may expire the application pursuant to DMC 14.08.110, Application Expiration.

D.

Expedited Review for Certain Housing Types.

1.

The following types of project permit applications will receive expedited review:

a.

Affordable housing;

b.

Non-profit housing;

c.

Emergency or temporary housing;

d.

Permanent supportive housing; and

e.

Other housing developments identified by the City Council as a high-priority public benefit.

2.

The director may establish the procedure for expedited review.

3.

Expedited review does not waive compliance with applicable development standards, SEPA requirements, or other mandatory code requirements.

E.

Calculation of Days. The review period begins on the day after the determination of completeness and ends on the date a final decision is issued for a project permit application. The number of days must be calculated by counting every calendar day and excluding the time periods listed in RCW 36.70B.080(1)(g).

F.

Possible Extension of Time for Decision. If the City is unable to issue a decision within the review period, it must provide the applicant with written notice of this fact. The notice must include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies when an applicant requests an optional preapplication meeting pursuant to DMC Table 14.08.050.A, Review Process. A preapplication meeting is highly recommended for project permit applications subject to Type III review or higher.

B.

Purpose. The purpose of a preapplication meeting is to:

1.

For the applicant to provide information to the City about a proposed project and site conditions;

2.

For the City to provide preliminary information to the applicant regarding applicable plans, requirements, procedures, and known community concerns (if any);

3.

For the City to provide early guidance on technical aspects of a proposed project;

4.

For the City to encourage best practices in environmental protection, tree retention, and sensitive area management; and

5.

For the City to respond to the applicant's questions.

C.

Application.

1.

To request a preapplication meeting, the applicant must submit a complete application form provided by the department, a draft site plan, any supporting documents, and the required fee.

2.

The applicant may submit technical documents such as a sensitive area report, tree assessment, or habitat study for review, with an application for a preapplication meeting.

D.

Timing. The preapplication meeting must be completed before the applicant submits a project permit application to the City.

E.

Technical Document Review. The applicant may submit a technical document for preliminary review by City staff or peer review by a subject-matter expert.

1.

If an applicant submits a project permit application following technical document review, the decision must be generally consistent with the technical document review unless design changes or new conditions render it invalid.

2.

Peer review will be conducted at the applicant's expense.

3.

Technical document review does not vest a project.

4.

The City may choose to decline a request for technical document review.

F.

Meeting Expectations.

1.

Information provided by the City at a preapplication meeting is preliminary and not exhaustive. It is the applicant's responsibility to ensure the project meets the minimum requirements of this code and the City's street and utility standards.

2.

Any information or opinion provided by the City at a preapplication meeting is non-binding and does not constitute approval or denial of a project permit.

3.

Information provided by the City at a preapplication meeting does not vest a project.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

1.

Applicability. This section applies to all project permit applications.

2.

Submittal. An application must be submitted on the forms and using the electronic system provided or as directed by the department, except:

a.

Building permit applications must be on forms determined by the building official; and

b.

Construction permit applications must be on forms determined by the public works director.

3.

Contents. A project permit application must provide the information required by this section and by the associated application checklist. A project permit application must include:

a.

A completed project permit application form signed by the property owner(s) and applicant;

b.

A statement that the applicant attests by written oath to the accuracy and completeness of all information submitted for an application;

c.

A statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property, and such written consent is supplied with the application;

d.

A property and/or legal description of the site;

e.

Required fees, with a statement signed by the applicant accepting responsibility for all fees and charges over the deposit amount;

f.

Sewer and Water Availability Certificate;

g.

Additional information as required by the checklist for each application type; and

h.

Additional information as required by the Duvall Municipal Code.

4.

Director Authority.

a.

The director may prepare and revise the application contents.

b.

The director may waive or add required application contents when the director determines in writing that:

i.

The item is not relevant to the proposal;

ii.

The requirement is met by previously submitted or adopted documents; or

iii.

The additional requirement applies to the specific proposal.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application, except:

1.

Preliminary plats, short subdivisions, and binding site plans, which vest in accordance with RCW 58.17.033; and

2.

Development agreements, which vest in accordance with RCW 36.70B.170-210.

B.

Effectiveness. A project permit application vests on the date the application is determined complete under DMC 14.08.130, Determination of Completeness.

C.

Scope of Vested Rights.

1.

A project permit application is vested in:

a.

This code and other land use controls in effect on the date of vesting, except as established by DMC 14.08.090.C.2; and

b.

Any conditions of approval applicable to the vested permit.

2.

A project permit application is not vested in:

a.

Procedural regulations in this code;

b.

Subsequently adopted ordinances implementing a State or Federal mandate;

c.

Building and fire codes;

d.

Stormwater regulations;

e.

Impact fees; and

f.

Utility connection fees.

D.

Duration of Vesting. Vested rights remain in effect until the project permit application expires or is withdrawn, or the project permit approval expires, is revoked, or is abandoned, as provided in this chapter.

E.

Conditioning. Vesting does not restrict the director's authority to impose conditions pursuant to the DMC 14.60.230, SEPA Decisions—Substantive Authority, and the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW).

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application determined to be complete pursuant to DMC 14.08.130, Determination of Completeness, for which a decision has not been issued.

B.

Revisions Authorized. An applicant may make the following revisions to an application.

1.

Minor revisions resulting from the City's request for additional information or corrections in review of a project permit application.

2.

Other minor revisions as determined by the director, including changes to:

a.

Floor plans that do not substantially alter the site plan or building elevations;

b.

Exterior architectural changes that do not substantially alter the basic form, bulk, or scale;

c.

Building placement that does not substantially alter the general layout of the site;

d.

Parking, access, and circulation configurations that do not substantially alter parking areas or circulation concept; or

e.

Grading alterations that do not change the basic concept, significantly increase slopes, or building elevations, or change the course of drainage, which could adversely affect adjacent or surrounding properties.

3.

Any revision other than a minor revision is a major revision and requires a new application, which restarts the applicable review time period and vesting.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application determined to be complete pursuant to DMC 14.08.130, Determination of Completeness, for which a decision has not been issued.

B.

Expiration. If the director requests additional information or corrections from the applicant, the applicant has 90 days to submit them to the City.

1.

If the applicant does not submit within 90 days, the director may expire the application for failure to submit the requested information on time by providing the applicant with written notice of expiration.

2.

If the director expires an application, the applicant must submit a new application, including any applicable fees, which restarts the review time period and vesting.

C.

Extension. The director may grant one 90-day extension of the application expiration date if:

1.

A written request for extension is submitted at least 10 days before the expiration of the application; and

2.

The director concludes that the applicant is making reasonable progress toward submitting the required information.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application determined to be complete pursuant to DMC 14.08.130, Determination of Completeness, for which a decision has not been issued.

B.

Request for Withdrawal. An applicant may withdraw an application at any time by providing written notice to the department. Withdrawal of an application stops all review. Review of a withdrawn application must not be restarted.

C.

Fee Refund. An applicant may request a refund of the unexpended application fee. The refund amount must be proportional to the staff time spent processing and reviewing the project permit application, as determined by the director.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application as required by DMC Table 14.08.050.A, Review Process.

B.

Determination of Completeness. An application is considered complete when it complies with the requirements of DMC 14.08.080, Applications Contents.

1.

Initial Completeness Review. Within 28 days after receiving an application, the City must provide written notice to the applicant, which states either:

a.

The application is complete; or

b.

The application is incomplete, and what additional information is necessary to make the application complete.

c.

If the applicant does not submit the requested information within 90 days, the director must expire the application for failure to respond on time and refund any unexpended fees.

2.

Reevaluation After Resubmittal. Within 14 days after the applicant submits the requested information, the City must reevaluate the application for completeness and issue a written determination as described in subsection (1) above.

3.

Failure to Issue Determination. If the City does not provide a written determination to the applicant within the time periods identified above, the application is deemed complete.

4.

Start of Review Time Period. The review period begins on the day after the application is determined to be complete.

C.

Other Agencies. To the extent known, the City must notify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.

D.

Additional Information. Determination of completeness does not preclude the City from requesting additional information or studies at the time of issuance of the completeness determination or later, if new information emerges or revisions to the proposal occur. Substantial application revisions may require a new application pursuant to DMC 14.08.100, Applications Revision.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application that requires public notice.

B.

Timing. The minimum timing and issuance periods for each notice type are as follows:

1.

Notice of Application. The City must issue a notice of application:

a.

Within 14 days after the City has decided on completeness pursuant to DMC 14.08.130, Determination of Completeness; and

b.

At least 15 days before the hearing, if an open record public hearing is required.

2.

Notice of SEPA Threshold Determination. The City must issue a notice of SEPA threshold determination:

a.

At least 15 days before a public hearing, if an open record public hearing is required; and

b.

After any public comment period on the notice of application expires, except for when the City issues a determination of significance (DS) scoping notice or a determination of nonsignificance (DNS) under the optional DNS provisions.

3.

Notice of Public Hearing. The City must issue a notice of public hearing:

a.

At most 30 days before the public hearing; and

b.

At least 10 days before the public hearing.

4.

Notice of Decision. The City must issue a notice of decision:

a.

Within seven days of a decision.

5.

Notice of Appeal Hearing. The City must issue a notice of appeal hearing:

a.

At least 10 days before the appeal hearing.

C.

Content.

1.

The public notice must include all the contents required for a notice of application by DMC 14.08.150.C, Notice of Application contents, unless otherwise required by this chapter.

2.

The director may identify additional information that is appropriate to be included in a public notice based on the review type or notice type.

D.

Distribution Methods.

1.

Public notice must be distributed for each notice type using the methods indicated in DMC Table 14.08.140.A, Distribution Methods by Type of Notice.

Table 14.08.140.A Distribution Method by Notice Type

2.

The method for mailed notice is first-class mail, electronic mail, or other similar delivery method determined by the director.

3.

The City must identify names and addresses for property owners within 500 feet, based on the records of the King County Tax Assessor. The City is not required to identify the correct mailing address for notices that are returned by mail.

4.

The applicant is responsible for all costs associated with notice distribution.

E.

Public Comment. This subsection (E) applies when the review type includes public notice with a public comment period.

1.

Within seven days after the end of a public comment period, the City must provide the applicant with a copy of all public comments.

2.

The director may request that the applicant provide a written response to these comments.

F.

Noticeboard. When notice is required to be posted on the subject property, the applicant must install noticeboards on-site.

1.

The noticeboard must be located in a conspicuous place, visible from the public right-of-way and to people passing by the property. The noticeboard may be located in an alternative location that meets the intent of this subsection (1) with director approval.

2.

Additional noticeboards may be required by the director when a site does not abut a public right-of-way or as otherwise determined necessary.

3.

The director may specify the size and design of the noticeboard.

4.

The applicant is responsible for the installation of the noticeboard. The applicant must submit an affidavit to the City stating the date and location of installation.

5.

Failure to post notice on the subject property may result in an extension of the public comment period or the re-initiation of the notice process.

G.

Director Discretion. In exceptional circumstances where posting or mailed notice may be impractical, the director may require alternate means of distribution.

H.

Errors. Inadvertent errors in compliance with this section do not invalidate the process.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application as required by DMC Table 14.08.050.A, Review Process.

B.

Timing. The minimum timing and issuance requirements are as established by DMC 14.08.140, Public Notice.

C.

Contents. The notice of application must include:

1.

The application number;

2.

The name of the applicant;

3.

The date of application, the date of the determination of completeness, and the date of the notice of application;

4.

A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;

5.

The identification of other required permits that are not included in the application, to the extent known by the City;

6.

The identification of existing environmental documents that evaluate the proposed project;

7.

The location where the application and any studies can be reviewed;

8.

A statement of the public comment period;

9.

A statement of the right of any person to comment on the application, receive notice of hearings, request a copy of the decision once made, and any appeal rights;

10.

The date, time, place, and type of hearing, if applicable, and scheduled at the time of notice of application;

11.

A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in DMC 14.08.160, Consistency with Development Regulations;

12.

Any other information determined appropriate by the director.

D.

Public Comment Period. The notice of application for:

1.

Project permit applications must include a public comment period commencing with the date of issuance and lasting at least 14 days but no more than 28 days.

2.

Shoreline permit applications must include a public comment period commencing with the date of issuance and lasting at least 30 days.

E.

SEPA Notice. The City must not issue a SEPA threshold determination on a project permit application until after the expiration of the public comment period on the notice of application, except for when the City issues a determination of significance (DS) scoping notice or a determination of nonsignificance (DNS) under the optional DNS provisions.

1.

Determination of Significance (DS) Scoping Notice. If the City issues a DS concurrently with the notice of application, the notice of application must be combined with the DS and scoping notice. The DS and scoping notice may be issued before the notice of application is issued.

2.

Optional Determination of Nonsignificance (DNS). If the optional DNS process is used pursuant to DMC 14.60.130, Threshold Determinations, and WAC 197-11-355, the notice of application must include the following additional information:

a.

A statement that the City expects to issue a DNS or a mitigated DNS (MDNS) for the proposal;

b.

A statement that the optional DNS process is being used;

c.

A statement that this may be the only opportunity to comment on the environmental impacts of the proposal;

d.

A statement that the proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures, whether or not an EIS is prepared;

e.

A statement that the subsequent threshold determination is available on request; and

f.

If an MDNS is being considered, a list of the mitigation measures being considered, if known.

F.

Distribution. The notice of application must be distributed in accordance with DMC Table 14.08.140.A, Distribution Methods by Notice Type.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to all project permit review types.

B.

Purpose. The purpose of the project permit review process is to ensure that a complete application is reviewed for consistency and conformance with applicable development regulations before a public hearing is held or a decision is rendered. The City may request additional information, corrected or revised plans, or supporting studies during the review.

C.

Review for Consistency. The City must review a project permit application to ensure it is consistent with the applicable development regulations. The City may use only appropriate elements of the adopted comprehensive plan to evaluate permit applications in the absence of applicable development regulations or when interpreting development regulations. The review for consistency must include:

1.

Type of Land Use. The proposed land is permitted at the site.

2.

Level of Development. The proposed density, such as units per acre or other applicable measures, is allowed at the site.

3.

Infrastructure Capacity. Existing or proposed public facilities and services are adequate to serve the proposed development.

4.

Design Conformance. The proposed building and site design meet the City's adopted development and design standards.

5.

Criteria. The proposed project meets all applicable criteria for the review type.

D.

Review Procedure.

1.

Upon receipt, the project permit application must be routed to all departments responsible for review. Each department must evaluate the application for compliance with its applicable regulations and standards.

2.

When additional information is required, comments will be compiled and provided to the applicant in a written request for additional information (i.e., a correction letter). Subsequent reviews will continue until all comments are resolved in the revised plans and documents.

3.

Upon determination by the City that a complete application contains sufficient information to determine consistency and conformance with City regulations, the project permit application can proceed to a hearing or decision, as applicable.

4.

During project review, the City or any subsequent reviewing body must not reexamine alternatives to or hear appeals on the items identified in this section, except for issues of code interpretation.

5.

Nothing in this section limits the City's authority to approve, condition, or deny a project as provided in its development regulations and its policies adopted under RCW 43.21C.060.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application as required by DMC Table 14.08.050.A, Review Process.

B.

Limit on Number of Hearings.

1.

No more than one pre-decision or post-decision open record public hearing is allowed for Type I, Type II, Type III, and Type IV reviews.

2.

City Council may conduct a second pre-decision open record public hearing for Type V reviews.

C.

Department Procedure. The director must:

1.

Schedule a public hearing as required by this chapter. A virtual attendance option may be provided.

2.

Distribute notice of the public hearing as required by DMC 14.08.180, Notice of Public Hearing.

3.

Prepare a staff report on the project permit application that summarizes all pertinent information, the factors involved, and the department's findings and recommendations. Comments, reports, and recommendations from other departments, commissions, and agencies must be coordinated and assembled in preparation for the report.

4.

File the staff report and exhibits with the hearing examiner at least seven days before the public hearing. A copy of the staff report must be provided to the applicant and made available to the public.

5.

Create a complete record of the public hearing, including all exhibits introduced at the hearing and an electronic recording of the hearing.

D.

Public Comment. Any person may participate in an open record public hearing by submitting written comments to the City contact named on the notice of public hearing or by submitting written comments or making oral comments at the hearing.

E.

Joint Public Hearing. At the applicant's request, the approval authority may combine a public hearing on a project permit application with a hearing that may be required by another local, state, regional, or federal, or other agency on the proposed action, subject to the following:

1.

The joint public hearing must be held within City limits;

2.

The joint public hearing must be held within the review time periods outlined in this chapter, or the applicant must agree to an alternative schedule if additional time is needed to complete the joint public hearing;

3.

The other agency must not be expressly prohibited by statute from conducting a joint public hearing;

4.

The other agency must receive the necessary information about the proposed project from the applicant with enough time to hold a hearing at the same time as the City's public hearing;

5.

All agencies must provide sufficient notice of the public hearing in accordance with each agency's adopted notice requirements.

F.

Conflict of Interest, Ethics, Open Public Meetings, Appearance of Fairness. The hearing body is subject to the prohibitions on conflict of interest (Chapter 42.23 RCW), the Open Public Meetings Act (Chapter 42.30 RCW), and the Appearance of Fairness Doctrine (Chapter 42.36 RCW).

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application as required by DMC Table 14.08.050.A, Review Process.

B.

Timing. The minimum timing and issuance requirements are as established by DMC 14.08.140, Public Notice.

C.

Contents.

1.

The notice of public hearing must include all the contents required for a notice of application by DMC 14.08.150.C, Notice of Application contents.

2.

The notice of application may serve as the notice of public hearing if the date of the public hearing is known and included in the notice of application.

D.

Distribution. The notice of public hearing must be distributed in accordance with DMC Table 14.08.140.A, Distribution Methods by Notice Type.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application as required by DMC Table 14.08.050.A, Review Process.

B.

Decision. The decision-maker must issue a decision on the project permit application after review in accordance with DMC 14.08.050, Review Process. Applications may be:

1.

Approved;

2.

Approved with conditions;

3.

Denied; or

4.

Remanded.

C.

Remand. Project permit applications subject to the hearing examiner's decision may be remanded to City staff for further review.

D.

Reconsideration. After a decision is issued, certain parties may file a motion for reconsideration of the hearing examiner's decision pursuant to DMC 2.30.240, Reconsideration of Final Action.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to any project permit application as required by DMC Table 14.08.050.A, Review Process.

B.

Timing. The minimum timing and issuance requirements are as established by DMC 14.08.140, Public Notice.

C.

Contents. The notice of decision must include:

1.

The final decision to approve, conditionally approve, or deny the project permit application;

2.

The SEPA threshold determination, if any;

3.

The procedures for administrative appeal, if any;

4.

Notice that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation pursuant to RCW 36.70B.130; and

5.

Additional information determined appropriate by the director.

D.

Distribution. The notice of decision must be distributed in accordance with DMC Table 14.08.140.A, Distribution Methods by Notice Type. The City's decision on a shoreline development permit must also be sent to the Department of Ecology.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to local appeals of decisions on project permit applications as allowed by DMC Table 14.08.050.A, Review Process. SEPA Appeals may only be of the determination of nonsignificance or mitigated determination of nonsignificance, or final determination if issued.

B.

Consolidation of Appeals. All appeals must be considered together in a consolidated appeal, except as provided for by DMC 14.60.250.D, Appeals; an appeal of a SEPA threshold determination must be consolidated with the pre-decision open record public hearing, if required.

C.

Standing. Only the following parties have standing to file an appeal:

1.

The City;

2.

The applicant;

3.

The property owner, and

4.

A party of record.

D.

Timing of Filing.

1.

A local appeal must be filed within 14 days of issuance of the notice of decision, or after other notice that the decision has been made and is appealable.

2.

A local appeal of a SEPA determination must be filed within 21 days of the issuance of a DNS or MDNS where public comment is required.

3.

Any local appeal must be filed together with the appeal fee at City Hall by the close of business on the last day of the appeal period.

E.

Content of Appeal. An appeal must be in writing on forms provided by the City and be accompanied by the appeal fee as established by the City's fee schedule. The appeal form must follow:

a.

The name, address, email, and phone number of the appellant;

b.

The name, file number, and date of the decision being appealed;

c.

A description of the appellant's standing to appeal;

d.

A statement of grounds for appeal and the facts upon which the appeal is based, with specific references to the facts in the record;

e.

A statement of the relief sought by the appellant; and

f.

A statement of acknowledgment that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature.

F.

Effect. The timely filing of an appeal stays the effective date of the decision until the appeal is adjudicated or withdrawn.

G.

Appeal Hearing. The appeal hearing must be:

1.

Conducted by the City's hearing examiner pursuant to DMC Chapter 2.30, Land Use Hearing Examiner.

2.

Processed in the same manner as a public hearing as established by DMC 14.08.170, Public Hearing. The provisions of this section prevail in the event of conflict.

3.

Noticed in accordance with DMC 14.08.180, Notice of Public Hearing.

4.

Limited to the issues outlined in the appeal form. Participation in the appeal is limited to the appellant, the City, and the applicant.

H.

Decision. The hearing examiner must issue a written decision that includes findings of fact and conclusions of law pursuant to DMC 2.30.200, Examiner Findings, within 21 days of the close of record of the public hearing.

1.

The hearing examiner may decide to:

a.

Grant the appeal;

b.

Grant the appeal with modification;

c.

Deny the appeal; or

d.

Remand the matter back to City staff with directions for further processing.

2.

The hearing examiner may grant the appeal or grant the appeal with modification if:

a.

The appellant has carried the burden of proof; and

b.

The examiner finds that a preponderance of the evidence does not support the decision.

3.

The hearing examiner must accord substantial weight to the City's decision.

4.

The City must issue a revised notice of decision within seven days of the hearing examiner's decision.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to judicial appeals of decisions on project permit applications as provided for in Chapter 36.70C RCW.

B.

Filing. Judicial appeals must be filed with King County Superior Court or other tribunal as provided by law (i.e., Growth Management Hearings Board, Shoreline Hearings Board) within 21 calendar days of issuance of the final decision in accordance with RCW 36.70C.040.

C.

Administrative Remedies. Before a judicial appeal may be filed, the appellant must exhaust administrative remedies. To exhaust administrative remedies:

1.

An appellant must file and complete the local appeal process identified in DMC Table 14.08.050.A, Review Process, for the relevant type of review.

2.

A request for reconsideration is not required.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to all project permits for which a decision has been issued.

B.

Issuance. A project permit application that is:

1.

Not subject to appeal, the approval must be issued at the time of the decision that the application conforms to all applicable laws.

2.

Subject to appeal, the permit must be approved for issuance on the day following expiration of the applicable appeal period or, if appealed, on the day following a final appeal decision to grant or conditionally grant the permit.

C.

Fees. Project permits must not be issued until all outstanding fees are paid.

D.

Permit Suspension, Revocation, and Modification. An issued project permit may be suspended, revoked, or modified by the decision maker pursuant to DMC 14.04.140, Permit suspension, Revocation or Modification.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to issued project permits except where this Code or state law otherwise establishes revision rules.

B.

Minor Revision. The director may approve a minor revision to an issued permit. To be considered a minor revision, the amendment must not:

1.

Increase the area of use or development by more than ten percent;

2.

Increase the number of lots created;

3.

Result in any significant environmental impact not adequately reviewed or mitigated by previous SEPA documents; or

4.

Expand the boundaries of the original development site onto property not included in the original proposal.

C.

Major Revision. A major revision to an issued permit requires a new application. The new application is subject to the original permit decision-maker's decision. A major revision is any change that is not a minor revision.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)

A.

Applicability. This section applies to issued project permits except where this Code otherwise establishes expiration or extensions rules, and:

1.

Shoreline development permits are subject to DMC Chapter 14.78, Shoreline Development Permits, and WAC 173-27-090;

2.

Subdivisions, short subdivisions, boundary line adjustments, and binding site plans are subject to DMC Chapter 14.66, Subdivisions, Short Subdivisions, Boundary Line Adjustments and Binding Site Plans, and Chapter 58.17 RCW;

3.

Project permits governed by a development agreement are subject to the terms of the development agreement;

4.

Type IV and Type V approvals do not expire except as otherwise established by this Code, or as specified by the City Council.

B.

Expiration.

1.

A project permit expires at the end of the permit approval period unless a complete application for a subsequent building permit or construction permit has been submitted.

a.

Type I permits expire in one year from the date of issuance.

b.

Type II permits expire in two years from the date of issuance.

c.

Type III permits expire in three years from the date of issuance, except site plan review approval expires pursuant to the timelines established by DMC Chapter 14.66, Subdivisions, Short Subdivisions, Boundary Line Adjustments and Binding Site Plans, and RCW 58.17.140 if the review is consolidated with a subdivision application.

d.

For consolidated applications, approval periods run concurrently with the highest review type.

2.

The applicant must submit any subsequent building or construction permit application to the City before expiration. A complete application for any subsequent building or construction permit extends the approval period for as long as the permit remains active.

3.

For a project permit that does not require a building or construction permit, the project permit does not expire if the use has been legally established before the end of the approval period.

4.

Once a use has been legally established, the project permit remains valid as long as the use complies with the terms of the permit.

C.

Extension. The director may grant one extension of up to one year if the applicant submits a written request at least 30 days before the expiration of the project permit approved pursuant to DMC Chapter 14.08, Permit Processing, and the following criteria are met:

1.

Any applicable fees have been paid.

2.

The permittee has proceeded with due diligence and in good faith;

3.

The use remains a permitted use in the zone;

4.

Requirements of state or federal law do not prohibit the extension;

5.

The permittee has provided proper justification based on one or more of the following conditions:

a.

Unanticipated construction, or site design problems, or both; or

b.

Other circumstances beyond the control of the applicant and determined acceptable by the director.

(Ord. No. 1352, § 2.4, Exh. D), 4-21-2026)