Lake Stevens City Zoning Code

Land use actions, permits and decisions shall be classified according to which procedures apply. In the following table, a symbol in a cell means the specified procedure (row) pertains to the specified permit type (column). Section 14.16A.210(d) Table 14.16A-I, Classification of Permits and Decisions, lists all land use actions, permits and decisions for each type of review.

A Type I review is an administrative review and decision by the appropriate department with no public notice requirements. These are applications which are categorically exempt from review under the State Environmental Policy Act (SEPA) or permits for which environmental review has been completed in connection with another application. Appeals of Type I decisions are made to the Hearing Examiner, except shoreline exemption appeals are made to the State Shoreline Hearings Board. Type I reviews are exempt from the procedures of Section 14.16A.230, Time Frames for Review. The purpose of this part is to provide the necessary steps for permit approvals requiring Type I review.

This section contains the procedures the City will use in processing Type I applications. The process begins with a complete application, followed by decision by the appropriate department. The administrative approval body is the department director. Appeals of the Director's decision on a Type I appeal are made to the Hearing Examiner, except shoreline exemption appeals are made to the State Shoreline Hearings Board. An appeal of the Hearing Examiner's appeal decision is made to the Snohomish County Superior Court.

Decisions on Type I applications are made by the appropriate department director or designee. The permit-issuing authority and designated appeal body for each application reviewed as a Type I are indicated in Table 14.16A-I.

Application forms and submittal requirements for each of the Type I permits shall be prepared and maintained by the department responsible for issuing the decision on the application. Applications shall be submitted to the appropriate department.

Public notice is not required for Type I decisions.

A written record of the Type I decision shall be prepared in each case. The record may be in the form of a staff report, letter, the permit itself, or other written document and shall indicate whether the application has been approved, approved with conditions, or denied. The department decision shall be based on the applicable Land Use Code or other adopted uniform code and shall include any conditions to ensure consistency with the development regulations. The applicant shall be notified of the final decision. All other decisions are final upon expiration of any applicable appeal period or if appealed, on the date of the appeal body's final decision on the application.

Approval of the Type I application shall expire one year from the date approval was final unless significant action proposed in the application has been physically commenced and remains in progress pursuant to Section 14.16A.250.

An appeal of a Type I decision is made pursuant to Section 14.16B.710.

An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.

Modifications or additions to approved projects or decisions shall be processed pursuant to Section 14.16C.025, Administrative Modifications.

A Type II review is an administrative review and decision by the appropriate department. These are applications which are categorically exempt from review under the State Environmental Policy Act (SEPA), a separate SEPA review, or permits for which environmental review has been completed in connection with another application. Public notification is provided at the application and decision stages of application review. Appeals of Type II decisions are made to the Hearing Examiner, except shoreline permit appeals are made to the State Shoreline Hearings Board. Type II reviews are exempt from the procedures of Section 14.16A.230, Time Frames for Review. The purpose of this part is to provide the necessary steps for permit approvals requiring Type II review.

This section contains the procedures the City will use in processing Type II applications. The process begins with a complete application, followed by decision by the appropriate department. The administrative approval body is the department director. Appeals of the Director's decision on a Type II appeal are made to the Hearing Examiner, except shoreline permit appeals are made to the State Shoreline Hearings Board. An appeal of the Hearing Examiner's appeal decision is made to the Snohomish County Superior Court.

Decisions on Type II applications are made by the appropriate department director or designee. Appeals of Type II decisions are made to the appropriate appeal body. The permit-issuing authority and designated appeal body for each application reviewed as a Type II are indicated in Table 14.16A-I.

Application forms and submittal requirements for each of the Type II permits shall be prepared and maintained by the department responsible for issuing the decision on the application. Applications shall be submitted to the appropriate department.

A written record of the Type II decision shall be prepared in each case. The record may be in the form of a staff report, letter, the permit itself, or other written document and shall indicate whether the application has been approved, approved with conditions, or denied. The department decision shall be based on the applicable Land Use Code or other adopted uniform code and shall include any conditions to ensure consistency with the development regulations. The applicant shall be notified of the final decision. All other decisions are final upon expiration of any applicable appeal or if appealed, on the date of the appeal body's final decision on the application.

Within five days of a decision, the Planning Director shall mail or email notice of the decision and the SEPA determination, if any, to all parties of record, which shall include the applicant and each person who submitted comments during the public comment period or at any time prior to issuance of the decision. The notice of decision shall include a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. For those project permits subject to SEPA, the notice of decision on the issued permit shall contain the requirements set forth in Section 14.16A.120, Environmental Review. For shoreline permits, the Planning Director shall notify the following persons in writing of its final approval or disapproval of a shoreline substantial development permit:

Approval of the Type II application shall expire one year from the date approval was final, except for shoreline substantial development permits expire two years from final approval, unless significant action proposed in the application has been physically commenced and remains in progress pursuant to Section 14.16A.250.

An appeal of a Type II decision is made pursuant to Section 14.16B.710.

An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.

Modifications or additions to approved projects or decisions shall be processed pursuant to Section 14.16C.025, Administrative Modifications.

A Type III process is a quasi-judicial review and decision made by the Hearing Examiner. The Hearing Examiner makes a decision based on a recommendation from staff. A public meeting (e.g., scoping, neighborhood, etc.) may be held prior to a staff recommendation. The Hearing Examiner considers public testimony received at an open record public hearing. Public notification is provided at the application, public hearing and decision stages of application review. The administrative appeal body is the Superior Court, except shoreline permits are appealed to the State Shoreline Hearings Board. The purpose of this part is to provide the necessary steps for permit approvals requiring Type III review.

A public meeting shall be required for Type III applications except variances pursuant to Section 14.16A.260. Staff may require the applicant to participate in the meeting to inform citizens about the proposal. If a public meeting is planned, it shall be held as early in the review process as possible for Type III applications. Notice of the public meeting shall be provided in the same manner as required for the notice of application. The public meeting notice will be combined with the notice of application whenever possible.

Environmental review includes a threshold determination pursuant to Chapter 16.04, SEPA Procedures and Policies. Early SEPA review may be issued with the notice of application pursuant to Section 16.04.065(b).

A written report from staff making a recommendation to the Hearing Examiner for approval, approval with conditions, or with modifications, or for denial shall be prepared. The staff recommendation shall be based on the applicable decision criteria and may include any conditions necessary to ensure consistency with City development regulations.

Within five days of the conclusion of the appeal period or the resolution of a filed appeal, the Planning Director shall mail or email the notice of final decision and any changes to the SEPA threshold determination, if any, to all parties of record, which shall include the applicant and each person who participated in the public hearing or who submitted comments during the public comment period at any time prior to issuance of the decision. For shoreline permits, the Planning Director shall notify the following persons in writing of its final approval or disapproval of a shoreline conditional use permit or shoreline variance:

Except as otherwise provided herein, approval of the Type III application shall expire one year from the date approval was final unless significant action proposed in the application has been physically commenced and remains in progress pursuant to Section 14.16A.250. Preliminary plats shall terminate five years after approval pursuant to Section 14.16A.250(e). Shoreline conditional use permits and shoreline variance permits expire two years from final approval.

An appeal of a Type III decision is made pursuant to Section 14.16B.720.

An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.

Modifications or additions to approved projects or decisions shall be processed pursuant to Section 14.16C.025, Administrative Modifications.

A Type IV process is a quasi-judicial review and recommendation made by the Hearing Examiner and a decision made by the City Council. At an open record public hearing, the Hearing Examiner considers the recommendation from staff, as well as public testimony received at the public hearing. The City Council makes a decision, based on a recommendation from the Hearing Examiner, during a closed record public meeting. Public notification is provided at the application, public hearing, and decision stages of application review. There is no opportunity for an administrative appeal. Appeals of City Council decisions are made to Snohomish County Superior Court. The purpose of this part is to provide the necessary steps for permit approvals requiring Type IV review.

A public meeting shall be required for all Type IV applications pursuant to Section 14.16A.260. Staff may require the applicant to participate in the meeting to inform citizens about the proposal. If a public meeting is planned, it shall be held as early in the review process as possible for Type IV applications. Notice of the public meeting shall be provided in the same manner as required for the notice of application. The public meeting notice will be combined with the notice of application whenever possible.

Environmental review includes a threshold determination pursuant to Chapter 16.04, SEPA Procedures and Policies. Early SEPA review may be issued with the notice of application pursuant to Section 16.04.065(b).

A written report from staff making a recommendation to the Hearing Examiner for approval, approval with conditions, or with modifications, or for denial shall be prepared. The staff recommendation shall be based on the applicable decision criteria and may include any conditions necessary to ensure consistency with City development regulations.

Within five days of a decision, the Planning Director shall mail or email the notice of final decision and the final SEPA determination, if any, to all parties of record.

Approval of the Type IV application, except Zoning Map amendments and essential public facilities, shall expire one year from the date approval was final, unless significant action proposed in the application has been physically commenced and remains in progress pursuant to Section 14.16A.250.

An appeal of a Type IV decision is made pursuant to Section 14.16B.730.

An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.

Modifications or additions to approved projects or decisions shall be processed pursuant to Section 14.16C.025, Administrative Modifications.

A Type V process is a quasi-judicial review and decision made by the City Council. Staff makes a recommendation to the City Council. Depending on the application, staff may conduct a public meeting to obtain public input. The City Council shall hold a public hearing on the application prior to making a decision. Public notification is provided at the application, public hearing, and decision stages of application review. There is no opportunity for an administrative appeal. Appeals of City Council decisions are made to Snohomish County superior court. The purpose of this part is to provide the necessary steps for permit approvals requiring Type V review.

This section contains the procedures the City will use in processing Type V applications. The process is similar to Type III, except that staff makes a recommendation to the City Council instead of the Hearing Examiner. The permit-issuing authority and designated appeal body for each application reviewed as a Type V are indicated in Table 14.16A-I.

A public meeting is required for all Type V applications pursuant to Section 14.16A.260. Staff may require the applicant to participate in the meeting to inform citizens about the proposal. If a public meeting is planned, it shall be held as early in the review process as possible for Type V applications. Notice of the public meeting shall be provided in the same manner as required for notice of the application. The public meeting notice will be combined with the notice of application whenever possible.

Environmental review includes a threshold determination pursuant to Chapter 16.04, SEPA Procedures and Policies. Early SEPA review may be issued with the notice of application pursuant to Section 16.04.065(b).

A written report from staff making a recommendation to the City Council for approval, approval with conditions, or with modifications, or for denial shall be prepared. Staff recommendation shall be based on the applicable decision criteria and may include any conditions necessary to ensure consistency with City development regulations.

The Planning Director shall mail or email a notice of final decision and the final SEPA determination, if any, to all parties of record, which shall include the applicant and each person who participated in the public hearing or who submitted comments during the public comment period at any time prior to issuance of the decision.

Approval of the Type V application, except for right-of-way vacations, shall expire five years from the date approval was final unless significant action proposed in the application has been physically commenced and remains in progress pursuant to Section 14.16A.250. Right-of-way vacations shall expire one year from the date approved, if compensation has not been provided to the City or other conditions have not been met as required in the vacation decision or ordinance.

An appeal of a Type V decision is made pursuant to Section 14.16B.740.

An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.

Modifications or additions to approved projects or decisions shall be processed pursuant to Section 14.16C.025, Administrative Modifications.

A Type VI review is for legislative land use decisions made by the City Council under its authority to establish policies and regulations regarding future private and public development and management of public lands. The process generally includes a hearing and recommendation by the Planning Commission and a hearing and action by the City Council. Review under the State Environmental Policy Act (SEPA) may be required. Type VI reviews are exempt from the procedures of Section 14.16A.230, Time Frames for Review.

This section contains the procedures the City will use in processing Type VI applications. Type VI processes may be initiated by City Council, Planning Commission, City Administration, or any other person. The Planning Commission will hold a public hearing and send a recommendation to City Council. City Council will hold a public hearing before taking action. The permit-issuing authority and designated appeal body for each application reviewed as a Type VI are indicated in Table 14.16A- I.

Public notice of the date of the Planning Commission public hearing at which the Planning Commission will consider the application shall be published in a newspaper of general circulation. The public hearing shall be scheduled no sooner than 10 days following the date of publication of the notice. If a determination of significance was issued by the SEPA responsible official, the notice of staff recommendation shall state whether an EIS or supplemental EIS was prepared or whether existing environmental documents were adopted.

An appeal of a Type VI decision is made pursuant to Section 14.16B.750.

If a Type I or II decision has an administrative appeal available as set forth in Section 14.16B.115 or 14.16B.215, except for shoreline permits, the following procedures shall be followed:

The decision of the City Council on a Type IV application is the final decision of the City and may be appealed to Snohomish County Superior Court by filing a land use petition which meets the requirements set forth in Chapter 36.70C RCW. The petition must be filed and served upon all necessary parties as set forth in State law and within the 21-day time period as set forth in RCW 36.70C.040. The appeal period shall commence upon the City Council's final decision and not upon expiration of the reconsideration period.

The decision of the City Council on a Type V application is the final decision of the City and may be appealed to Snohomish County Superior Court by filing a land use petition which meets the requirements set forth in Chapter 36.70C RCW. The petition must be filed and served upon all necessary parties as set forth in State law and within the 21-day time period as set forth in RCW 36.70C.040. The appeal period shall commence upon the City Council's final decision and not upon expiration of the reconsideration period.

The action of the City Council on a Type VI proposal may be appealed together with any SEPA threshold determination by filing a petition with the Growth Management Hearings Board pursuant to the requirements set forth in RCW 36.70A.290. The petition must be filed within the 60-day time period set forth in RCW 36.70A.290(2). The appeal period shall commence upon the City Council's final decision and not upon expiration of the reconsideration period. Judicial appeal is to Snohomish County Superior Court.