1. Type 1. Permits, decisions, and approvals that are based on compliance with specific criteria that are nondiscretionary and clearly defined in the code. These decisions have no notice requirements and are reviewed administratively.

2. Type 2. Permits, decisions, and approvals that are based on standards and clearly defined criteria. These decisions require written documentation and may include conditions for the proposal to reach consistency with applicable requirements. These decisions have no notice requirements and are reviewed administratively with a decision by the Planning Director.

3. Type 3. Permits, decisions, and approvals that are based on standards and clearly defined criteria. These decisions require written documentation and may include conditions for the proposal to reach consistency with applicable requirements. Public notice is required for these decision types. Approvals are subject to appeal to the Hearing Examiner.

4. Type 4. Permits, decisions, and approvals that require an open record public hearing and involve discretionary judgment based on criteria. Public notice is required for these decision types. The Department forwards a staff report with a recommendation regarding the proposal’s consistency with criteria to the Hearing Examiner. Following an open record public hearing, the Hearing Examiner issues a written decision with findings, conclusions, and conditions, if any. These decisions are subject to appeal to the Superior Court.

5. Type 5. Permits, decisions, and approvals that require a public hearing before the City Council. A public hearing before the Planning Commission is typically held prior to City Council, with the recommendation of the Planning Commission being forwarded to the City Council as well as public testimony and other information provided at the public hearing. Public notice is required for these decision types. The decision is subject to appeal to the Growth Management Hearings Board.

6. Nonpermit Actions. For the purpose of this Development Code, the following applications do not appear in the classification table and shall not be processed as Type 1 through 5 applications:

7. Procedures. The following review procedure steps apply to the application classifications described above.

1. When a site civil permit is required after the land use decision for a proposed development project, such permit cannot be issued until the required appeal period associated with the land use decision is concluded.

2. No building permit may be issued until the site work authorized by a site civil permit is completed and approved by the City inspector, unless bonding is in place for site work that cannot be completed prior to building permit, or under special authorization by the City Engineer.

3. Application for final plat or final short plat shall not be accepted by the City until the site work authorized by a site civil permit is completed and approved by the City.

1. Applications and related submittals shall contain at least the minimum amount of information necessary to allow for review of the project to progress even though additional information may be required or project modifications may be undertaken after the initial project review.

2. Applications and related submittals shall be comprehensible, legible, and in a format typical for the information being provided.

3. Applications and related submittals shall meet minimum code requirements for the type of application applied for.

1. The name, address, telephone number, and e-mail address of the property owner. The name, address, telephone number, and e-mail address of the developer/applicant, if different from the owner. A declaration of authority and validity by the applicant. If the developer/applicant is not the owner, a letter from the owner authorizing the developer/applicant to process the application on behalf of the owner.

2. Description of the proposed action in accordance with the appropriate City application.

3. Written explanation of how the proposal meets the requirements and intent of this title.

4. Name and address of the proposed site, project, or action.

5. Vicinity map identifying the project site, adjacent streets, and bordering lines of adjacent properties and adjacent uses.

6. Legal description of the subject property and of the existing lots, tracts or parcels and easements therein.

7. Subdivision map showing the land use and zoning designation, lot sizes in square feet, and dimensions of all existing and proposed lots with lot numbers, setbacks for each lot, parcels and tracts to be reserved or dedicated for streets or other public uses. The map shall be drawn to scale.

8. Critical areas report and associated maps, site plans, and mitigation plans, prepared by a qualified professional as defined in WAC 365-195-905(4), identifying the location, character, and required buffer areas for any critical or sensitive environmental areas including steep slopes, streams, lakes, wetlands, wildlife habitat or migration corridors, woodlands, and existing vegetation in accordance with the definitions, requirements, and regulations of the Snohomish Municipal Code.

9. Photographs identifying existing vegetation, buildings, views, and other characteristics on and off the site, and of and from adjacent properties that may be impacted by the proposed action.

10. Existing topographic contours of the subject property at two-foot intervals, referred to by datum identification.

11. Geotechnical studies identifying whether the site is located within a geologically hazardous area and the characteristics and capabilities of site soils and landform features.

12. Grading plan identifying roads, streets, building pads, and other major changes in the topographic grade.

13. Site plan indicating the location of any existing and proposed buildings, streets, parking areas, or other impervious surfaces identifying setback, coverage, and dimensional requirements of the Snohomish Municipal Code.

14. Building plans illustrating the size, placement, elevation, architectural detail, and character of any existing and proposed structures or improvements and a detailed description of proposed building materials. Building plan submittals shall include building floor plans, sections, and elevations defining grading, foundation, structural, electrical, mechanical, plumbing, materials, finish, and other features.

15. Landscape plan identifying the species, size, placement, irrigation, planting and staking details, and other characteristics of all existing and proposed trees, plantings, contours at two-foot intervals, fences, rockeries, required landscape screening and other site improvements.

16. Access plan identifying the right-of-way, pavement, construction material, traffic channelization, and other characteristics of all existing and proposed public and private streets, driveways, alleys, fire lanes, parking areas, trails, sidewalks, and other circulation systems.

17. Utilities plan identifying any right-of-way or easement, size or capacity of all existing and proposed sewer, water, stormwater, power, telecommunications, other public or private systems, and other improvements that may conflict with utilities such as street trees.

18. Flood control certification and impact studies including:

19. Engineering or working drawings in accordance with City Engineer standards and specifications that detail:

20. Parking plan identifying number and type of stalls, dimensions, access, and parking lot landscaping.

21. Survey and monument placements in accordance with City Engineer standards and specifications. The site survey will be accomplished under the supervision of a professional land surveyor registered in the state of Washington and will locate monuments or markers on site for street intersections, roadway placements, lot and block corner lines, and other requirements listed by the City Engineer.

22. Final plat or site plan prepared by or under the supervision of a professional land surveyor registered in the state of Washington. The final plat or site plan shall conform to the specifications provided by the City Engineer including appropriate certification statements, signatures, and seals.

23. Draft of any proposed public or private covenants, restrictions, or easements.

24. State Environmental Policy Act (SEPA) checklist summarizing the impacts the proposed project action will have on all of the natural and human elements of the environment. The checklist shall include a site plan that identifies the existence of all critical environmental areas.

25. Drainage report meeting the requirements of the current Stormwater Management Manual for Western Washington.

26. Traffic study including a traffic impact analysis and parking study, prepared by a qualified professional licensed in Washington State, analyzing the projected traffic generation and distribution as a result of the proposal, including anticipated daily and p.m. peak hour trips; anticipated impacts to level-of-service standards and street conditions; proportionate share calculations of any improvements necessary to mitigate impacts of the proposal; and conformance with the Comprehensive Plan and Transportation Master Plan.

27. Complete streets checklist on a form provided by the Department, summarizing the impacts of the proposed project on the transportation system.

28. The appropriate fee to cover all costs of processing the application.

1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, and if the criteria for their approval have been satisfied;

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

3. Availability and adequacy of infrastructure, public facilities, and services identified in the Comprehensive Plan and needed to serve the development; and

4. Consistency with development standards and all applicable regulations.

1. The City shall review the application for compliance with the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the City’s SEPA ordinance, Chapter 14.90 SMC, and shall:

2. In its review of a project permit application, the City may determine that the requirements for environmental analysis, protection, and mitigation measures in the applicable development regulations, Comprehensive Plan, and/or in other applicable local, state, or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

3. If the City bases or conditions its approval of the application on compliance with the requirements of mitigation measures described in subsection (D)(1) of this section, the City shall not impose additional mitigation under SEPA during project review.

4. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its approval on compliance with these other existing rules or laws.

5. Planned Actions.

1. Determination of Completeness. The Department shall determine in writing whether an application is procedurally complete within 28 days after it is received. The written determination shall be mailed, e-mailed, or delivered to the applicant or the applicant’s representative within the required time period. The determination shall state:

2. Resubmittals. If the Department determines an application is incomplete and the applicant submits additional documents identified by the Department as necessary for a procedurally complete application, the Department shall notify the applicant within 14 days of the resubmittal that the application is complete or what additional information or action is necessary to make the application complete.

3. Department’s Failure to Provide a Determination of Completeness. If the Department has not issued a determination of completeness as described above within 28 days after receiving an application, or within 14 days after receiving additional information in response to the necessary actions required to make the application complete, as described above, the application shall be deemed procedurally complete the following day.

4. Identification of Other Agencies with Jurisdiction. A written determination of completeness shall, to the extent known by the Department, identify other local, state, or federal agencies with jurisdiction concerning the application and project permits requested. The Department may include other information or conditions in the determination of completeness.

1. Any period commencing with a request by the City that the applicant provide any further information or an environmental impact statement until the applicant provides said information.

2. Any period during which the applicant is not current in payment of City application review fees.

3. Any period during which a Comprehensive Plan or development regulation amendment is being processed prior to deciding on a project permit application.

4. Any period between the initial determination of completeness and any subsequent determination of completeness should the applicant substantially revise the proposal.

5. Any period during which any decision related to the project permit application is being appealed.

6. Any period mutually agreed upon by the applicant and the City.

1. Upon the issuance of a notice of incomplete application, the applicant shall submit the necessary information within 90 days. The Planning Director may extend this time period an additional 90 days upon written request of the applicant prior to the expiration of the 90-day period.

2. Following a determination that an application is procedurally complete, the Department may notify the applicant when new information is necessary or changes or corrections to the application materials are required before a project permit may be approved. Upon the issuance of a notice of required changes or corrections to a complete permit application, the applicant shall submit the necessary information to the City within 90 days. If the applicant does not submit the necessary information within 90 days, the application shall lapse and shall become nullified. The Director may extend this time period an additional 90 days upon written request of the applicant prior to the expiration of the 90-day period.

3. If the applicant is nonresponsive for a period of 60 consecutive days, an additional 30 days shall be added to the time period for the City to issue the decision for the project permit application. For the purpose of this section, “nonresponsive” shall mean there is no ongoing communication from the applicant to the City on the applicant’s ability or efforts to provide the additional information.

4. If the information and/or corrections required pursuant to subsection (E)(1) or (E)(2) of this section are not received within the specified timeframe, the Planning Director shall notify the applicant that the permit application is expired.

5. When applications expire for failure to submit the required information within the necessary time period, or when the applicant requests their application be withdrawn, the applicant may request a refund of the unused portion of the application fee by submitting a written request to the Director. If a notice of application has been completed, then no refunds shall be issued. Refunds shall be processed in accordance with the City’s normal refund practices.

1. All permit or approval types set forth in Title 12 SMC;

2. All permit or approval types set forth in Title 15 SMC;

3. All permit or approval types set forth in Title 19 SMC;

4. All permit or approval types set forth in Title 20 SMC;

5. Tree/landscape permits;

6. Wireless telecommunication facilities permits as set forth in Chapter 14.242 SMC;

7. Final plats and final short plats as set forth in Chapter 14.215 SMC;

8. Comprehensive Plan amendments as set forth in Chapter 14.15 SMC;

9. Development agreements;

10. Temporary permits as set forth in Chapter 14.60 SMC; and

11. Code interpretations as set forth in Chapter 14.05 SMC. (Ord. 2338, 2017; Ord. 2510, 2024)

1. SEPA-related information shall not be required for SEPA-exempt permits.

2. All notices shall contain at least:

1. Notices of application, hearing, and/or determination of significance/scoping shall be:

2. Notices of decision shall be mailed/e-mailed to the applicant, the County Assessor, and anyone who, prior to the decision, requested notice of the decision or submitted substantive comments on the application or was otherwise a party of record.

3. Projects with multiple notices may have notices combined in a single publication or issuance.

1. The City may provide written notice to the applicant of the City’s intent to recommend or impose one or more conditions of approval. If the applicant objects to any of said conditions, they are required to provide written notice to the City identifying which conditions the applicant objects to and the reasons for the objections.

2. For the purpose of this subsection, written notice may be given either by e-mail, first-class mail, or hand delivery.

3. The applicant’s written notice of objections to conditions shall be received by the City no later than seven calendar days from the applicant’s receipt of the written notice from the City.

4. If the applicant receives written notice from the City of the City’s intent to recommend or impose conditions within seven calendar days of a hearing on the application, then the applicant shall provide written notice to the City of the applicant’s objections to any such conditions prior to the commencement of the hearing. (Ord. 2338, 2017; Ord. 2510, 2024)

1. Do not create any additional lots or impacts;

2. Are so insignificant that, in the Planning Director’s judgment, the changes would not have affected the decision of the original decision-makers; and

3. The proposal still complies with the Development Code and the Comprehensive Plan.

1. All final administrative actions, including Type 1, 2, or 3 permit decisions, preliminary short plat approvals, SEPA threshold determinations, code interpretations, notices of violation, and approvals of minor changes to permits or decisions, shall be final unless the applicant, a department of the City, or other party of record or agency with jurisdiction files with the City Clerk a written appeal to the Hearing Examiner within 14 days after one of the following:

2. Appeals shall include:

3. Appeals shall be accompanied by the required fee; provided, that such appeal fee shall not be charged to a department of the City or to any appellant other than the first dealing with an identical issue. The unused portion of the fee shall be refunded if the appeal is dismissed without a hearing due to untimely filing, lack of standing, lack of jurisdiction, or other procedural defect.

4. The timely filing of an appeal shall delay the effective date of the administrative staff decision until such time as the appeal is decided by the Hearing Examiner or is withdrawn.

5. Following the timely filing of an appeal, and at least 10 days prior to the hearing, notice of the date, time, and place of an open record hearing before the Hearing Examiner shall be mailed to the applicant and to all parties of record. The notice shall indicate the submittal deadline for written comments.

6. Appeal proceedings shall be limited to those issues raised in the written appeal.

7. The Hearing Examiner shall receive comment and decide the appeal.

1. Actions of the Hearing Examiner are appealable to Snohomish County Superior Court pursuant to Chapter 36.70C RCW, except for shoreline permit actions, which are appealable to the State Shoreline Hearings Board pursuant to Chapter 90.58 RCW.

2. Notice of the appeal and any other pleadings required to be filed with the Court or the Shoreline Hearings Board shall be filed and served as required by the applicable statute.

3. The cost of transcribing and preparing all records ordered certified by the Court or the Shoreline Hearings Board or desired by the appellant for such appeal shall be borne by the appellant. The appellant will be provided copies of hearing audio recording by the City and will be responsible for their transcription.

1. Binding site plan.

2. Boundary line adjustment.

3. Building permit.

4. Conditional use permit.

5. Development agreement.

6. Fence permit.

7. Flood hazard area development permit, subject to the requirements of the National Flood Insurance Program where applicable.

8. Retaining wall permit.

9. Shoreline.

10. Site civil permit.

11. Site development plan.

12. Subdivisions.

13. Sign permit.

14. Sidewalk use permit.

15. Variance.

1. All permit or approval types set forth in Title 15 SMC;

2. All permit or approval types set forth in Title 20 SMC;

3. Wireless telecommunication facilities permits as set forth in Chapter 14.242 SMC;

4. Comprehensive Plan amendments as set forth in this title;

5. Rezones as set forth in this title; and

6. Temporary permits as set forth in Chapter 14.60 SMC.

1. Permit processing fees and taxes or administrative fees;

2. Procedural rules and regulations; and

3. Regulations that specify or are based upon adopted SEPA policies for the exercise of SEPA substantive authority, including the SEPA ordinance.