Any change of occupancy of a building from one International Building Code group or division of a group to another or a change of use of land;

Any new nonresidential and nonagricultural use of land;

The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four dwelling units would be contained; and

Any addition to such structure or remodel or substantial revision of the site plan associated with such use.

Street vacations and other actions relating to use of public areas or facilities (POMC Title 12);

Boundary line adjustments (Chapter 20.84 POMC).

Construction permits that are categorically exempt from environmental review under Chapter 20.160 POMC, State Environmental Policy Act (SEPA), or for which environmental review has been completed in conjunction with other project permits.

The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application, or appropriate parts of the application.

Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall approve, deny, or approve with conditions all Type I applications. Conditions may be imposed directly on the plans (red-lining) or through other documentation reflected on the plans to ensure the requirements of city codes and regulations are met without going through another correction cycle before permit issuance.

Unless a permit type has been excluded from the permit decision timelines established in POMC § 20.24.110, pursuant to RCW 36.70B.140, all Type I applications are subject to the permit decision timelines. If no correction cycles are required, review should be complete within approximately 30 calendar days from the date of technical completeness. Correction cycles will extend review time in proportion to the time the city must wait for an applicant to submit additional or corrected information.

The decision of the director may be reflected on the plans or permit itself or may be documented in a written report or letter of approval.

The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application, or appropriate parts of the application.

Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall approve, approve with conditions, or deny all Type II applications. Conditions may be imposed directly on the plans (red-lining), through other documentation reflected on the plans, or in a written staff report or other decision document, to ensure the requirements of city codes and regulations are met without going through another correction cycle before permit issuance.

A description of the proposal and a listing of permits or approvals included in the application;

A statement of the applicable criteria and standards in this code and other applicable law;

A statement of background information and facts relied upon by the department which show the application does or does not comply with the approval criteria;

A summary of public comment received and how the department or applicant responded to the public comments or concerns; and

The decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable law.

A brief statement regarding how the appellant is significantly affected by or interested in the matter appealed;

A specific clear and comprehensible statement of the appellant's issues on appeal, noting appellant's specific exceptions and objections to the decision or action being appealed;

The specific relief requested, such as reversal or modification; and

Signature, address, and phone and fax number of the appellant, and name and address of appellant's designated representative, if any.

The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application or appropriate parts of the application.

Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall prepare a written recommendation to the hearing examiner. The director's recommendation shall provide a description of the proposal, a listing of the permits or approvals included in the application, a statement of the criteria and standards applicable to the proposal, and a review of the background information and facts relied upon by the director for the recommendation. The recommendation shall enumerate any conditions needed to ensure the application meets each of the applicable decision criteria.

If a director recommendation is not available to the hearing examiner as provided in this section, the hearing examiner may reschedule or continue the hearing upon their own motion or upon the motion of a party, or the hearing examiner may decide the matter without the recommendation.

The director's recommendation, and any additional staff reports, shall be consistent with RCW 36.70B.060(5).

At least 14 calendar days before the date of the hearing, public notice of the hearing shall be provided consistent with the requirements of POMC § 20.25.050.

The director's recommendation shall be made available on the date the hearing notice is issued.

SEPA appeals for Type III decisions may be consolidated with a public hearing as provided for in POMC § 20.160.240(5).

The burden of proof shall be on the applicant to demonstrate that the proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the appellant.

The public hearing shall be conducted pursuant to the hearing examiner's adopted rules and procedures and shall be recorded on audio or audiovisual tape. The hearing examiner may remand an application to staff at their discretion to allow staff to administratively address an issue or irregularity with the application or the processing thereof.

A written decision for a Type III action shall be issued by the hearing examiner within 14 calendar days after the date the record closes, and not later than 170 calendar days after the issuance of the determination of technical completeness pursuant to POMC § 20.24.110, whichever is earlier, unless the applicant has consented in writing to an extension of this time period. The hearing examiner's decision shall include the following information:

Notice of Decision. Public notice of a Type III decision shall be provided pursuant to POMC § 20.24.100.

The hearing examiner may reconsider a Type III decision if a written request for such administrative appeal is filed by a party of record within 14 calendar days of the date of the notice of decision. Grounds for requesting reconsideration shall be limited to the following:

Any request for reconsideration shall be mailed to all parties of record on the same day as the request is mailed or delivered to the hearing examiner.

A request for reconsideration shall stop the running of the judicial appeal period on a Type III decision for seven calendar days. During this time period, the hearing examiner shall decide whether reconsideration is appropriate. If the hearing examiner decides to reconsider the decision, the judicial appeal period will be placed on hold until the reconsideration process is complete and a new decision is issued. If the hearing examiner decides to reconsider a decision, all parties of record shall be notified.

The hearing examiner shall, by order, set a schedule for other parties of record to respond in writing to the reconsideration request and shall issue a decision no later than 14 calendar days following the due date for submittal of written responses. A new judicial appeal period shall commence from the date of the hearing examiner's decision on reconsideration.

The director shall commence review of the permit application pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application or appropriate parts of the application.

Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall prepare a written recommendation to the hearing body. The director's recommendation shall provide a description of the proposal, a listing of the permits or approvals included in the application, a statement of the criteria and standards applicable to the proposal, and a review of the background information and facts relied upon by the director for the recommendation. The recommendation shall enumerate any conditions needed to ensure the application meets each of the applicable decision criteria.

If a SEPA determination of nonsignificance (DNS) is issued for the proposal, the DNS will be issued in conjunction with the director's recommendation to the hearing body.

Within 14 calendar days of holding a public hearing, the hearing body shall issue a recommendation on the application to the city council.

At least 14 calendar days before the date of the hearing, public notice of the hearing shall be provided consistent with the requirements of POMC § 20.25.050.

The director's recommendation shall be made available on the date the hearing notice is issued.

SEPA appeals for Type IV decisions may be consolidated with a public hearing as provided for in POMC § 20.160.240(5). The burden of proof shall be on the applicant to demonstrate that the proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the appellant.

The public hearing shall be conducted pursuant to the hearing body's adopted rules and procedures and shall be recorded on audio or audiovisual tape.

Type V actions are defined pursuant to POMC § 20.22.020. All Type V proposals are legislative actions, but not all legislative actions are Type V decisions. Legislative actions involve the creation, amendment, or implementation of policy or law by ordinance. In contrast to other types of actions, legislative actions apply to large geographic areas and are of interest to many property owners and citizens.

Type V actions are not subject to the application procedures in Chapter 20.24 POMC, unless otherwise specified.

The planning commission shall hold a public hearing and make recommendations to the city council on Type V actions. A notice for the public hearing shall be provided pursuant to POMC § 20.25.050.

The city council may hold a public hearing on Type V actions prior to passage of an ordinance or entry of a decision.

The planning commission and/or city council may require more than one public hearing for Type V actions.

Notice of a public hearing shall be provided to the public at least 14 calendar days prior to the hearing by publishing notice as provided for in POMC § 20.25.050. In addition to publishing notice and posting notice at City Hall, at least 14 calendar days prior to the hearing the city shall mail notice of the public hearing to the applicant, relevant government agencies, and other interested parties who have requested in writing to be notified of the hearing. If the legislative action is for a comprehensive plan amendment, notice of the public hearing shall also be posted and mailed pursuant to Chapter 20.04 POMC. The city may also provide optional methods of public notice as provided in Chapter 20.25 POMC.

Identification of the subject property;

Description of the type of planned development, including proposed uses, estimated density; and

Identification of any requests for deviation from code requirements.

Name and contact information of applicant;

Signature by the property owner or person having authorization to sign on behalf of the property owner;

List of all project permit applications submitted with the master permit;

List of any permits or decisions applicable to the project proposal that have been obtained prior to filing the application or that are pending before the city or any other governmental entity;

Indication of whether review under the State Environmental Policy Act (SEPA) applies to the project, or if the project is categorically exempt, pursuant to Chapter 20.160 POMC; and

Indication of whether stormwater drainage review applies to the project pursuant to Chapter 20.150 POMC.

Master permit application form, pursuant to POMC § 20.24.020;

Appropriate application form, provided by the department, for each permit submitted with the master permit, including all required items stated therein;

Payment of any and all applicable permit fees pursuant to this title and the city's current fee schedule at the time of application;

Environmental checklist (if not exempt from SEPA review pursuant to Chapter 20.160 POMC) and any requirements for SEPA review, when applicable; and

Applicable signatures, stamps, or certifications, and attestation by written oath of applicant to the accuracy of all information submitted for an application.

Requirements for related permits shall also be provided when applicable.

For applications submitted electronically or mailed to the city, within two business days of receipt of the application, the director shall either: (i) determine that the application is counter-complete if the requirements of subsection (2) of this section are met; or (ii) determine that the application is not counter-complete if the requirements of subsection (2) of this section are not met, in which case the director shall reject and return the application and identify in writing what is needed to make the application counter-complete. If the city does not provide a counter-complete decision for an electronically submitted or a mailed application within two business days of receipt, the application shall be deemed counter-complete as of the third business day from receipt; provided, that all required application components and fees are included with the application. If the city determines that an electronically submitted or a mailed application is not counter-complete and informs the applicant in writing what is needed to make the application counter-complete, the application shall be determined or deemed to be counter-complete within five business days of the notification only if the missing application components and all required application fees are received by the city no later than four business days following the notification to the applicant.

For applications brought in person to the city, the director shall make a counter-complete determination while the applicant is present. If the director decides that the application is counter-complete in accordance with subsection (2) of this section, then the applicant shall pay the appropriate fees at the time of submittal. If the director determines that the application is not counter-complete, then the director shall reject and return the application and identify in writing what is needed to make the application counter-complete.

The written determination shall state either (i) that the application is technically complete, or (ii) that the application is incomplete and that the procedural submission requirements have not been met, in which case the determination shall outline what information or steps are necessary to make the application procedurally complete.

The type of land use;

The level of development, such as units per acre or other measures of density;

Availability of infrastructure, including public facilities and services needed to serve the development; and

The character of the development, such as development standards.

The comprehensive plan;

The applicable provisions of this title;

The Washington State Environmental Policy Act (SEPA), pursuant to Chapter 20.160 POMC, if not otherwise satisfied;

The city's public works design standards.

A list of all project permits included in the decision, including all permits being reviewed through the consolidated review process;

Date and description of the decision;

Statement of any threshold determination made under SEPA (Chapter 43.21C RCW);

Procedures for an administrative appeal, if any;

Statement that the affected property owners may request a change in property tax valuation notwithstanding any program of revaluation by contacting the Kitsap County assessor;

Duration of the permit approval and a statement summarizing the permit expiration and extension procedures (if any); and

Statement that the complete project permit file, including findings, conclusions, and conditions of approval, if any, is available for review. The notice shall list the place that the file is available and the name and telephone number of the city representative to contact about reviewing the file.

For project permits which do not require public notice of application under RCW 36.70B.110, the city must issue a final decision within 65 days of issuance of the determination of technical completeness on the application;

For project permits which require public notice of application under RCW 36.70B.110, the city must issue a final decision within 100 days of the determination of technical completeness on the application; and

For project permits which require public notice of application under RCW 36.70B.110 and public hearing, the city must issue a final decision within 170 days of the determination of technical completeness on the application.

Any period between the day that the director has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant to the city;

If the director determines that the information submitted is insufficient, the applicant shall be informed of the particular insufficiencies and the procedures set forth in POMC § 20.24.060 for calculating the exclusion period shall apply;

Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 20.160 POMC;

Any period after an applicant informs the city, in writing, that they would like to temporarily suspend review of the application until the time that the applicant notifies the city, in writing, that they would like to resume the application;

Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired; provided, that the city may set conditions on the temporary suspension of a permit application;

Any extension of time mutually agreed to in writing by the director and the applicant; and

If, at any time, an applicant informs the director, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 consecutive days, or if an applicant is not responsive for more than 60 consecutive days after the city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for the city to issue a final decision on the application. Any written notice from the director to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For purposes of this section, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication or willingness to provide the additional information.

Are not project permit applications (such as amendments to the comprehensive plan or a development regulation);

Require siting approval of an essential public facility;

Are substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director.

All owners of record of real property within a minimum of 300 feet of the subject site. However, if the owner of the real property which is the subject of the application owns another parcel or parcels of real property which lie adjacent to the real property included in the application, notice under this subsection shall be given to owners of real property located within 300 feet of any portions of the boundaries of such adjacently located parcels of real property owned by the owner of the real property included in the application;

All city-recognized neighborhood groups or associations whose boundaries include the subject site;

Any person who submits a written request to receive a notice; and

Any government agency that is entitled to notice or that is affected by the application.

Provide a specific calendar day period for submitting written comments before a decision is made on the permit, and state the place, date, and time the comments are due, and the person to whom the comments should be addressed. For all applications except a shoreline permit, the public comment period for a notice of application shall be a minimum of 14 calendar days. For shoreline permits under the purview of the city's shoreline master program (SMP), the public comment period for a notice of application shall be not less than 30 calendar days. For all decisions to be made by the hearing examiner, all comments on a notice of application shall be submitted in writing before or at the public hearing;

Identify the date of submission of the initial application, the date of the notice of technical completeness, and the date the notice of application was issued;

Describe the street address or other easily understandable reference to the location of the site;

Include the name and telephone number of a contact person regarding the application;

Describe the proposal and identify all project permits requested in the application, and list all studies requested by the city;

List the relevant approval criteria for the permit applied for, by name and number of code sections;

Describe existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the notice of application, the location where the application and any studies can be reviewed;

State that any person may comment on the application, receive notice of and participate in any hearings and request a copy of the decision on the application, and describing any appeal rights;

Identify the date, time, place, and type of hearing, if a hearing has been scheduled when the date of notice of application is issued;

If made at the time the notice of application is prepared, the notice of application shall include a summary of the preliminary determination of consistency required by POMC § 20.24.090;

Include any other information determined appropriate by the director, such as the SEPA responsible official's SEPA threshold determination, if complete at the time of issuance of the notice of application.

For a preliminary plat adjacent to or within one mile of the municipal boundaries of any city, which contemplates the use of any city utilities, mailed notice shall be given to the appropriate city authorities;

Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of the county shall be given to the appropriate county officials; and

Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the State Secretary of the Department of Transportation.

The project location by street address or other means of ready identification;

A description of the proposal;

Identification of the permit applications submitted;

The public comment period deadline;

The location where comments may be sent and location where application materials may be reviewed.

Include the words "Public Notice – Notice of Application" in (minimum) four-inch lettering across the top of the sign;

Meet the following lettering standards:

Measure at least 14 square feet; and

Include all of the same information as found in the published notice prepared by the city pursuant to POMC § 20.25.020.

At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility;

No more than five feet inside the street property line, except where the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director;

With the top of the notice board between five and nine feet above grade; and

Where it is completely visible to pedestrians.

The site does not abut a public road;

A large site abuts more than one public road; or

The director determines that additional notice boards are necessary to provide adequate public notice.

Fourteen days after the director's decision has been issued (21 days after receipt of the shoreline packet by DOE) and no appeal has been filed or the project is withdrawn or canceled; or

If the director's decision has been appealed, the day after the appeal is resolved by either the hearing examiner or city council; or

If the decision is made by the hearing examiner or city council, the day after final city council action on the proposal.

Notify the public or private groups with known interest in a proposal or type of proposal;

Notify the news media;

Place notices in appropriate regional or neighborhood newspapers or trade journals;

Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and

Mail notice to neighboring property owners.

At least 14 calendar days before the hearing date, notice shall be mailed to:

The name and address of the applicant and the applicant's representative;

A description of the subject property reasonably sufficient to inform the public of its location, including, but not limited to, a vicinity location or written description, a map or postal address, and a subdivision lot and block designation, but need not include a legal description. A legal description alone does not meet this requirement;

The date, time, and place of the public hearing;

The nature of the application and the proposed land use or uses that could be authorized for the property;

A statement that all interested persons may appear and provide testimony;

The sections of the code that are pertinent to the hearing procedure, including, but not limited to, the codes describing the applicable criteria and development standards that apply to the application;

The threshold determination made under SEPA (WAC 197-11-330), if any;

A statement describing when the information in the administrative record may be examined by the public and when and how written comments addressing findings required for a decision by the decision-maker(s) may be admitted;

The name of a city representative to contact and the telephone number where additional information may be obtained;

A statement explaining that a copy of the application, all documents relied upon by the applicant, and a list of the applicable criteria for the application are available for inspection by the public at no cost and that copies will be provided at the requestor's cost; and

A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven calendar days prior to the hearing and that copies will be provided at the requestor's cost.

For the purposes of this chapter, "development standards" may include, but are not limited to:

In order to encourage innovative land use management and provide flexibility to achieve public benefits, a development agreement adopted pursuant to this chapter may impose development standards that differ from the following development regulations of this code; provided, that any development standards imposed by the development agreement shall be consistent with the comprehensive plan:

A development agreement shall not modify any provision of this code that is not identified in subsection (1)(b) of this section.

A development agreement may modify the provisions of this code only if the city council determines that the requested modifications are necessary to provide flexibility to achieve public benefits and provide superior outcomes than those that would result from strict compliance with the other applicable development standards.

Any approved development standards that differ from those other applicable development standards shall not require any further zoning reclassification, variance from city standards or other city approval apart from development agreement approval.

Subsequently adopted standards which differ from those in the development agreement shall apply to the subject site where necessary to address a serious threat to public health and safety or where the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building and construction codes in effect when the building permit application is deemed complete.

A development agreement shall be limited to a 20-year term if any provision of the agreement requires the city to:

The development agreement shall also contain a proviso that the city may, without incurring any liability, engage in action that would otherwise be a breach if the city makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law.

The full costs of drafting and processing the development agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement to the extent such costs exceed the initial application fee.

Identification of the phasing schedule;

Identification of the number of phases and all lots included in each phase;

Identification of the approximate dates for construction of public streets, public utilities and other improvements in each phase;

Identification of the approximate dates for commencement of development of each lot, lot sales and building occupancy;

Identification of the benefits that the property owner will provide to the city in exchange for permission to phase the development according to the proposed schedule;

Establishment of the deadline for the property owner to submit development applications, including building permit applications, for each phase;

A description of the manner in which each phase is designed such that all site requirements are satisfied independently of phases yet to be given final approval and constructed;

A description of the manner in which the property owner will ensure that adequate public facilities are available when the impact of development occurs. The property owner shall acknowledge in the development agreement that if the demand for public facilities or services needed to accommodate a subsequent development phase increases following the issuance of a development permit for a prior phase in the approval process, or if public facilities or services included in a concurrency or SEPA determination are not constructed as scheduled in the city's capital facilities plan, final development approval may have to be delayed for future phases pending the achievement of the adopted levels of service.

Notice of the public hearing shall be provided pursuant to POMC § 20.22.070.

If the owner of the real property which is the subject of the development agreement owns another parcel or parcels of real property which lie adjacent to the real property included in the development agreement, notice under this subsection shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property included in the development agreement.

The hearing on the development agreement shall be held pursuant to POMC § 20.22.070, except that when the development agreement is processed as a legislative matter (i.e., not consolidated with a project permit) the city council shall conduct the hearing itself and forgo a hearing and recommendation by the planning commission. Any requests associated with the project-specific development proposal requiring a public hearing by the hearing examiner shall be heard by the hearing examiner prior to city council action on the development agreement. While the director or hearing examiner may provide a recommendation on a development agreement (even if the director or hearing examiner makes the final decision on the underlying project permit application), the city council shall make the final decision whether to approve a development agreement by ordinance after the public hearing.

Modifications to a development agreement shall be in writing, signed by the duly authorized representatives of the parties, be consistent with this chapter and, where considered substantive as determined by the director, follow the same procedures set forth in this chapter.

Is not otherwise permitted in the zone;

Would result in the extension of a nonconforming use or structure; or

Would change the development regulations in the zone applicable to the subject property;

A Type 1 administrative variance is defined as:

A Type 1 administrative variance may be approved if the applicant demonstrates all of the following:

The following Type 2 administrative variances may be approved on individual platted and recorded lots only. The administrative variance procedure shall not be used to modify a standard for lots yet to be created through a platting process under Chapter 20.86 or 20.88 POMC.

That, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property in the same vicinity and zone as the subject property;

That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;

The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and

The variance will not allow the establishment of a use which: (i) is materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; (ii) is not otherwise permitted in the zone; (iii) would result in the extension of a nonconforming use or structure; or (iv) would change the terms of the zone applicable to any or all of the subject property.