Newport City Zoning Code
CHAPTER 17
06 PROCESSING PROCEDURES
§ 17.06.010 Purpose.
The purpose of this chapter is to provide for effective and efficient administrative review of land use and development applications with consistent procedures for similar projects, and to combine procedural and substantive environmental reviews with the review of project permit applications under other applicable requirements. This chapter is intended to provide a framework within which the consistency of project permit applications with the comprehensive plan and development regulations shall be determined.
A.
The following is a brief summary of key land use decision-making roles:
1.
The city council is the legislative body of the city and is the only body which can adopt or amend an ordinance. The city council shall make the final decisions on Type 3 and Type 4 applications;
2.
The city planning commission is the planning advisory body to the mayor and city council and shall have the authority to make recommendations on long-range planning matters and shall perform other duties as assigned by the mayor and city council;
3.
The mayor or his/her designee shall have the authority to make decisions on Type 1 applications. It shall be the duty of the mayor and his or her designee(s) to administer the provisions of this title and to coordinate the implementation of all planning requirements and activities in the city, and to interpret the provisions of this code. The mayor and all authorized city representatives are hereby empowered to cause any structure or tract of land to be inspected and examined, and to order, in writing, the remedying of any condition found to exist in violation of any provision of the Newport Municipal Code or ordinances;
a.
The designees of the mayor may include, but are not limited to, the city administrator, the city clerk/treasurer, and/or the city building official.
4.
The city hearing examiner shall conduct the required public hearings and make decisions on Type 2 applications, and shall hear appeals of decisions on Type 1 applications.
5.
The city attorney shall advise the mayor and city council, the planning commission, and city staff regarding the legal interpretations, applications, and the enforcement of this title; and may conduct public hearings or perform such other duties as may be assigned by the mayor and city council.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.020 Project review classifications.
Four types of review are established for the purposes of administering this title. These four types, their appropriate decision-maker, hearing body, appellate body, and the permits included in each type of review are contained in the following table:
Type of Review | Permit/Action/Approval | Hearing Body | Decision Maker | Appellate Body |
|---|---|---|---|---|
Type 1 | – Boundary Line Adjustment – Building Permit (including signs) – Clearing and Grading Permit – Certificates of Occupancy – Code Enforcement Action – Code Interpretation – SEPA Action – Shoreline Authorization – Short Plat Approval (4 lots or less) – Site Plan – Temporary Use Permit | None | Mayor or His/Her Designee | Hearing Examiner |
Type 2 | – Conditional Use Permit – Preliminary Binding Site Plan Approval – Preliminary Plat Approval (5 or more lots) – Preliminary Planned Development Approval – Reasonable Use Exception – RV Parks – Shoreline Conditional Use Permit – Shoreline Substantial Development Permit – Shoreline Variance – Variances | Hearing Examiner | Hearing Examiner | Superior Court |
Type 3 | – Final Plat Approval (5+ lots) – Final Binding Site Plan Approval – Final Planned Development Approval – Plat Vacation or Alteration (2) – Street Vacations (2) | None | City Council | Superior Court |
Type 4 | – Annexation – Comprehensive Plan Amendment – Future Land Use Map Amendment – Development Regulation Revision – Site-Specific Rezone (1) | Planning Commission | City Council | Growth Management Hearings Board/Superior Court |
(1) Appeals of site-specific rezones must be filed in superior court. |
(2) A public hearing shall be conducted by the city council, or otherwise as designated in this section. |
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.030 Procedures for Type 1 review.
Type 1 permit applications involve administrative action by the mayor or his/her designee without a prior open record public hearing. The hearing examiner shall conduct an open record public hearing for appeals of decisions on Type 1 permits unless otherwise noted in this title.
A.
Applications for Type 1 permits shall be processed by the city in accordance with the following general procedures unless the applicant is notified in writing by the city:
1.
Completeness review and issuance of a determination of completeness;
2.
Determination of consistency; and
3.
Notification to the applicant of approval or denial of the application.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.040 Procedures for Type 2 review.
Type 2 reviews involve project-specific development proposals and shall include an open record public hearing before a decision is made. Please note that only one open record public hearing may be conducted for a proposed development.
A.
Applications for Type 2 permits shall be processed by the city in accordance with the following general procedures, unless the applicant is notified in writing by the city:
1.
Preliminary site visit/inspection (optional);
2.
Completeness review and determination of completeness;
3.
Issuance of a SEPA threshold determination, if required (may be combined with notice of application);
4.
Distribution of a notice of application;
5.
Preparation of a staff report containing relevant information about the application and a determination of consistency. This report may also include a staff recommendation and shall be distributed before the open record public hearing;
6.
An open record public hearing shall be conducted, during which the applicant shall be given the opportunity to present the proposed project and interested parties shall be allowed to make comments and submit written testimony;
7.
City action to approve, approve with conditions, or deny application; and
8.
Issuance of a notice of decision.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.050 Procedures for Type 3 review.
Decisions on all Type 3 permit applications shall be made by the city council.
A.
Applications subject to a Type 3 review shall be processed by the city in accordance with the following general procedures, unless the applicant is notified in writing by the city:
1.
Preparation of a staff report identifying all conditions of approval, documenting that all conditions have been met, and identifying the steps that must be taken to finalize and record the proposed action.
2.
City council review and final action.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.060 Procedures for Type 4 review.
Decisions on all Type 4 permit applications shall be made by the city council following an open record public hearing conducted by the planning commission.
A.
Except under limited circumstances identified in state law, the city's comprehensive plan and future land use map may be amended no more than once a year. As a result, it is the intent of the city to process applications for comprehensive plan and future land use map amendments in accordance with an annual schedule.
1.
Unless alternative dates are established and advertised through appropriate public notice, public requests for comprehensive plan or future land use map amendments must be submitted no later than June 30th, for potential processing during that calendar year. Applications submitted after that date may be held over until the following year.
2.
Docketing Process. Written requests to amend the comprehensive plan, or future land use map together with all relevant supportive or explanatory material as determined to be applicable by staff in the application packet, shall be submitted to the city. All plan amendment requests deemed to be complete shall be docketed for possible consideration for inclusion in the comprehensive plan. The docketed list of proposed amendments shall be presented to the planning commission within 60 days of the closing date. The planning commission shall make a recommendation to the city council whether or not to move forward on consideration of docketed amendments.
3.
The city council, after a recommendation from staff and the planning commission, can recommend that an amendment be processed in the current amendment cycle, that the amendment remain on the docket list for future consideration, or that the amendment be denied further consideration.
B.
Type 4 applications that do not involve a comprehensive plan amendment may be submitted for processing at any time.
C.
In general terms, applications for Type 4 permits shall be processed by the city in accordance with the following procedures, unless the applicant is notified in writing by the city:
1.
Determination of complete application;
2.
Issuance of a SEPA threshold determination, if required (may be combined with notice of application);
3.
Distribution of a notice of application;
4.
Preparation of a staff report containing relevant information about the application and a determination of consistency. This report may also include a staff recommendation and shall be distributed to the planning commission before the open record public hearing;
5.
An open record public hearing shall be conducted by the planning commission, during which the applicant shall be given the opportunity to present the proposed amendment, and interested parties shall be allowed to make comments and submit written testimony;
6.
Distribution of the proposed amendments to state agencies, as appropriate, for review and comment;
7.
The recommendation of the planning commission along with a complete copy of the record shall be provided to the city council for review prior to their decision; and
8.
City council review and action.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.070 Consolidated permit processing.
It is the goal of the city to consolidate the permit processing for projects or development activities that require two or more permits or approvals. The mayor or his/her designee shall determine the appropriate means of consolidating the processing of all permits and shall assign the highest-type review classification of the individual permits being sought to the consolidated permit application (with Type 4 being the highest followed by Types 3, 2, and 1). This consolidation may include integrating public hearings, establishing unified comment periods, and/or concurrent reviews. The mayor or his/her designee is authorized to make modifications to the procedural requirements of this title in order to effectively consolidate project reviews.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.080 Completeness review.
All applications shall be submitted on such forms and in accordance with such procedures as may be prescribed by the city; provided, that:
A.
All applications shall be signed by the property owner or show owner consent of the application by the agent acting on the owner's behalf;
B.
All applicable fees shall be submitted at the time of application unless otherwise specified;
C.
For site-specific applications that involve a public notice, the applicant shall provide mailing labels for all property owners within 300 feet of the parcel in question and any adjoining parcels also owned or under the control of the applicant and make a payment to the city sufficient to cover the cost of postage and advertising;
D.
Prior to submitting any Type 2 applications, applicants shall make an appointment for and attend a preapplication meeting with city staff. The purpose of this meeting is to identify and discuss the proposed project or development activities, permit procedures, processing requirements, permit fees, schedules, and information that will be necessary for project review. The mayor or his/her designee may invite representatives from city departments and other affected agencies to attend;
E.
A completed SEPA checklist shall be filed at the same time as an application for all permits, except when the city has determined the activity to be categorically exempt from the requirements of SEPA, when the city and applicant agree that an EIS is required, the SEPA compliance for the proposed project has already been completed, or SEPA compliance has been initiated by another agency;
F.
Within 28 days of submittal, the city shall conduct a review of all application materials to determine if the application is complete and ready for processing. The city shall then make a determination of completeness and shall provide the applicant with written notification which states:
1.
That the application is complete and ready for processing or that the application is incomplete and what is necessary to make the application complete;
2.
To the extent known by the city, the identity of other permits required by the project application; and
3.
To the extent known by the city, the identity of other agencies with jurisdiction over the application;
G.
Nothing in this title shall limit the city from incorporating the notice of application, the determination of completeness, and/or the SEPA determination into one document;
H.
The issuance of a determination of completeness shall not preclude the city from requesting additional information from the applicant in order to complete the processing of an application;
I.
If the city determines an application is not complete, or that additional information is necessary to complete the review of the application, and the applicant fails to respond to the request from the city in the established time frames, the city shall notify the applicant in writing that the application has lapsed and become void.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.090 Notice of application.
Following the issuance of a determination of completeness, the city shall issue a notice of application for all Type 2 and Type 4 project permit applications.
A.
Notices of application shall include:
1.
A description of the proposed action;
2.
Identification of the permits and approvals that may be required and opportunities for public review and comment; and
3.
SEPA actions taken or preliminary SEPA threshold determinations, if any.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.100 Preliminary SEPA determination.
A preliminary SEPA threshold determination or preliminary SEPA action may be included with notice of application if such preliminary actions have been made at the time the notice of application is issued. A preliminary SEPA threshold determination, or preliminary SEPA action, does not substitute, or in any way circumvent, the process for making a final SEPA threshold determination or in taking a SEPA action. Preliminary SEPA determinations are intended to encourage early public comment on project applications.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.110 SEPA threshold determinations.
A threshold determination is required for any proposal that is not categorically exempt within 90 days that an application has been deemed complete. All threshold determinations shall result in a determination of nonsignificance (DNS), or a determination of significance (DS); provided, that the city may also issue a mitigated determination of nonsignificance (MDNS) based on conditions attached to the proposal, or on changes to, or clarifications of, the proposal made by the applicant:
A.
After submission of an environmental checklist and prior to a threshold determination, the city shall notify the applicant if it is considering issuing a DS. As a result, the applicant may clarify or change features of the proposal to mitigate the impacts which make the DS likely. If a proposal continues to have a probable significant adverse environmental impact, even with the mitigating measures, an EIS shall be prepared.
B.
If a preliminary SEPA threshold determination was not made in conjunction with a notice of application, and no probable significant adverse impacts are anticipated, a determination of nonsignificance shall be issued and a 15-day comment period may be required.
C.
If a predecision open record public hearing is required, the SEPA threshold determination must be issued at least 15 days before the hearing.
D.
If the city makes a SEPA determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice.
E.
Whenever the city makes a threshold determination, it shall seek to include the public notice for this SEPA action with the notice of application or notice of decision for any associated land use application(s) or permits; provided, that:
1.
If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by publishing a notice in the city's newspaper of record;
2.
Whenever the city issues a DS, all public notices shall state the scoping procedure for the required EIS; and
3.
Whenever the city issues a DEIS (draft EIS), or SEIS (supplemental EIS), notice of the availability of those documents shall be given by at least two of the following methods:
a.
Indicating the availability of the DEIS or SEIS in any public notice required for an associated land use application or permit;
b.
Posting the property, for site-specific proposals;
c.
Publishing notice in the city's newspaper of record;
d.
Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and/or
e.
Notifying the news media.
F.
Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.120 Determination of consistency.
As part of all project and application reviews, the city shall determine if a proposed project or development activity is consistent with applicable city development regulations, municipal code provisions, ordinances, and the goals and policies of the adopted comprehensive plan.
A.
Nothing in this section shall limit the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
B.
The city may determine that adopted comprehensive plans, subarea plan elements of a comprehensive plan, development regulations, or other local, state or federal rules or laws provide adequate environmental analysis and mitigation of some or all specific probable adverse environmental impacts of a proposed action.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.130 Notice of decision.
A notice of decision shall be issued for all Type 2 applications. A notice of decision may not be issued until the expiration of the comment period on the notice of application.
A.
Notices of decision shall include:
1.
A description of the decision or actions taken;
2.
Any mitigation or conditions of approval required under applicable development regulations or under SEPA;
3.
If a SEPA threshold determination has not been issued previously, the notice of decision shall state this determination; and
4.
A description of applicable appeal procedures.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.140 Public notice requirements.
For permit applications that require public notice the following provisions shall apply:
A.
These public notice requirements shall apply to the following unless otherwise specified:
1.
Notices of application;
2.
Notices of decisions;
3.
Public hearing notices;
4.
SEPA threshold determinations; and
5.
Notices of appeals.
B.
All public notices will be mailed at least 15 days prior to the date of any required public hearing and/or comment period to the:
1.
Applicant;
2.
Owners of all parcels within 300 feet of the boundaries of the parcel in question and any adjacent parcels under the ownership or control of the project sponsor;
3.
Agencies with jurisdiction;
4.
Parties who have provided oral or written testimony on the permit and requested to be on the mailing list;
5.
Parties who have submitted written requests to receive notice; and
6.
Parties of record.
C.
Public notices shall be published in the general newspaper of record at least 15 days prior to the date of any public hearing and/or any public comment periods.
D.
Copies of public notices shall also be posted or available for review at City Hall.
E.
In addition, the applicant may be required to post notices of applications in a highly visible location(s) on the site of the proposed activities in accordance with procedures established by the city.
(Ord. 2104 § 1 (Exh. A), 2022)
§ 17.06.150 Appeals.
All appeals of interpretations or actions regarding Type 1 reviews shall be filed in a format prescribed by the city along with the required fee, within 10 days of the date of the interpretation or action. If the deadline to file an appeal falls on a weekend or on a city holiday, the deadline shall become the next business day. The city shall mail written notice to all parties of record to apprise them of all open and closed record public appeal hearings and shall place a public notice in the city's newspaper of record at least 14 days before the open record appeal hearing.
A.
The following provisions shall apply to all Type 1 appeals unless otherwise noted:
1.
The notice of appeal shall specify the claimed error(s) and issue(s) which the appellate body is asked to consider, and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the appellate body. In addition, the applicant must state the specific relief being sought;
2.
The city shall have no obligation to the applicant or any party to defend an appeal;
3.
The appellants and any respondents to the notice of appeal shall have the opportunity to present oral and written arguments during open record appeal hearings. For all closed record appeals, the record shall be limited to information presented during the preceding open record hearing. Oral argument shall be confined to the established record and to any alleged errors in the decision;
4.
The appellant shall have the burden of proving that the land use decision was:
a.
Made through an unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
b.
Based on an erroneous interpretation of the law;
c.
Not supported by substantial evidence when viewed in the light of the entire record;
d.
A clearly erroneous application of the law to the facts;
e.
Outside of the authority or jurisdiction of the decision-maker; and/or
f.
A violation of the constitutional rights of the party seeking relief;
5.
Following an appeal hearing, the appellate body may affirm, reverse, remand, or modify the decision of record and shall adopt its own written findings and conclusions in support of its decision; and
6.
The city may require an applicant and/or the appellant to reimburse the city for the cost of preparing materials to be used during open or closed record hearings including but not limited to the cost of copying, taping, and/or transcribing a certified record of the proceedings.
B.
Appeals of SEPA threshold determinations or SEPA actions shall be combined with any appeals of associated applications or permits.
C.
Except for the appeal of a SEPA determination of significance, no more than one open public record hearing and no more than one closed record appeal may occur on a single permit application or master application:
1.
A public meeting(s) may be held prior to the open record hearing. A public meeting may include, but is not limited to: a scoping meeting for the preparation of a draft environmental impact statement or presentation of a final environmental impact statement, an informational meeting, and/or neighborhood meeting. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file.
2.
The city shall mail written notice to all parties of record to apprise them of all open and closed record public appeal hearings and shall place a public notice in the city's newspaper of record at least 14 days before the appeal hearing.
D.
Appeals of Type 2 and Type 3 decisions must be filed with the Pend Oreille County superior court within 21 days in accordance with court procedures and the provisions of state law.
E.
Appeals of Type 4 decisions must be filed with the Washington State Growth Management Hearings Board or Pend Oreille County superior court in accordance with the provisions of state law.
(Ord. 2104 § 1 (Exh. A), 2022)
