The community development director shall have the power to render interpretations of this title and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules, and regulations shall conform to the intent and purpose of this title.

The community development director, or his or her duly authorized representative, is authorized to utilize the procedures of Chapter 1.10 SMC to enforce against violations of any land use or other code within his or her administrative jurisdiction.

Grading/Filling. Modification of land and landscape where grading and/or filling of more than 50 cubic yards of material is moved, whether from one parcel/ownership to another or within the same parcel/ownership.

Clearing of vegetation protected under SMC Title 17.

Constructing any building, addition or expansion or other improvement that is not specifically exempt from requiring a building, fence, or other construction permit.

Development Permit. Any development permit that is issued shall be subject to the terms and conditions imposed by the community development director to ensure that such development will be in accordance with the provisions of the City of Sultan comprehensive plan, zoning code, and land division code.

Reapplication. If an application for a permit under the zoning code is denied, the applicant may not submit another such application for development of the same property sooner than 120 calendar days after the date of such denial.

Permit Commencement and Expiration. Any development approved pursuant to the zoning code shall be commenced, performed, and completed in compliance with the provisions and conditions of the permits for such development stipulated by the community development director, hearing examiner, or city council.

Any development approved by a permit under the zoning code shall be commenced within 36 months from the date such permit is issued. Failure to complete substantial development within such period shall cause the permit to lapse and render it null and void. The community development director may administratively authorize a one-time extension. For purposes of this section, a permit shall be considered issued on the date it is signed by the community development director or hearing examiner.

Extensions. An application or an extension shall make written request for the extension a minimum of 30 calendar days prior to expiration of the development permit. The community development director shall in consideration of granting an extension find:

Evidence of Ownership or Legal Interest. Upon filing an application, the applicant shall be required to show evidence in writing of his or her legal interest in and the right to perform development upon all property on which work would be performed if the application is approved, including submission of all relevant legal documents. Where the applicant is not the owner of the property, the owner must co-sign the application before it will be accepted for filing. The applicant shall have the burden of demonstrating to the satisfaction of the community development director the current validity of the legal interest upon which he or she bases any part of the application before such application can be deemed to be complete.

Notwithstanding any provision in the zoning code to the contrary, no minor development permit shall be required pursuant to the zoning code for activities related to the repair or maintenance of an object or facility, where such activities shall not result in an addition to or enlargement or expansion of such object or facility. However, this does not preclude the requirement for a building permit or other development permit for such activity.

Where immediate action by a person is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster or serious accident, or in other cases of emergency, the requirement of obtaining a development permit prior to initiating such action under this section may be waived by the community development director or other authorized city official. The applicant shall notify the community development director in writing of the type and location of the work, the length of time necessary to complete the work, and the name of the person or public agency conducting the work. This shall be done within 30 days following the disaster, accident, or other emergency. However, this shall not preclude the requirement for building permits or other development permits for such activity.

Four copies of a site plan, one of which shall be a mylar reproducible of the property to a scale of 100 feet to one inch, prepared by a registered engineer, architect or land surveyor illustrating the proposed development of the property and including, but not limited to, the following:

Four copies of a location map at a scale of 200 feet to one inch showing, at a minimum, the uses of all property within 200 feet of the subject property, including the following:

The following shall be submitted, if required:

Any other information as may be required by the community development director to determine that the application is in compliance with the zoning code shall be furnished, including but not limited to wetlands, aquifer or groundwater recharge zones, floodplains, elevations, profiles, perspectives, sign placement, vegetation, landscaping, or any other material necessary for a complete understanding of the application.

A statement in writing signed by the applicant stating that the information as shown on the plans, maps, and application is true and correct. Any failure to comply with the provisions of this section shall be good cause to deny the application and/or to revoke any permit which may have been issued for any building or use of land.

Procedures for the submission, review and approval or denial of permit applications, and the form of application for permits. The community development director shall devise a temporary application form that shall be used upon enactment of the zoning code until such time as rules and regulations are adopted;

Information to be required in the application, including, without limitation, proof of legal interest in the property, authority to sign the application, drawings, maps, data, and charts concerning land and uses and areas in the vicinity of the proposed development, and appropriate supplementary data reasonably required to describe and evaluate the proposed development and to determine whether the proposed development complies with statutory criteria under which it might be approved;

The payment of reasonable application, processing, permit and other fees necessary for the proper administration of the permitting process;

Standards, in addition to those set out in this code, for determining whether a project requires a major project permit;

Requirements for the conduct and continuance of public hearings and the methods of providing public notice on major project permits. A public notice shall, at a minimum, state the nature and location of the proposed development, the time and place of the public hearing, the date of the public hearing (which shall be, in any event, at least 10 working days following the date that the hearing was first advertised), and shall be advertised in a newspaper of general circulation, and, in addition, be given to the applicant, any person who requests such notification in writing, any person who the community development director determines would be affected by or interested in such development, and the owner(s) of any/all lot(s) within 300 feet of the site of the proposed development. Additionally, a sign shall be posted on the property at least 10 working days prior to the date of the public hearing by the community development director at a location that can be easily seen by the general public indicating the date, time, and location of the public hearing and the purpose for which the hearing is being held;

Contents of permits;

Notifications of decisions on applications;

Notices of completion and certificates of acknowledgment of compliance;

Modification and revocation of permits; and

Transfer or assignment of permits.

Approval Criteria. A development permit under the zoning code shall be granted by the community development director or the hearing examiner; provided, based upon substantial evidence in the record, it is found that the development complies with each of the following criteria:

Applicant Assurances. The issuance of a land use development permit shall also require that the applicant agree in writing to:

Improvement Guarantees. Contemporaneous with the issuance of a permit, or upon approval of a plat, subdivision or other approval to divide land, to ensure the applicant's compliance with subsection B of this section and to guarantee future compliance and performance, the applicant shall:

Surety Requirement. Any bond as provided herein shall be assured by two or more sureties acceptable to the city engineer or with a surety company as surety. The city is empowered to enforce such bonds by all appropriate legal and equitable remedies.

No land area shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until an occupancy permit has been issued by the community development director or his/her designee, stating that the premises, building, or other development complies with all provisions of this code; except that in the case of an alteration that does not require vacating the premises or where parts of the premises are finished and ready for occupancy before the completion of the alteration or, in the case of a new structure, before its completion, a conditional occupancy permit may be issued.

No change or extension of use or no alteration shall be made in a nonconforming use of a building or land or water area without a building permit having first been issued by the community development director or his/her designee that such change, extension or alteration is in conformity with the provisions of this code.

As-Built Plan Submittals. After completion of all required improvements and prior to final acceptance of said improvements, the subdivider shall submit:

Within 10 days from the date that an applicant requests, in writing, that an occupancy permit be issued on his/her development project, the community development director shall render a decision as to whether or not said occupancy permit is to be issued. If the decision is not to issue the occupancy permit, the community development director shall so notify the applicant including the reasons for denial of the permit. If no occupancy permit has been issued within 10 working days of the written request thereof and the community development director has not informed the applicant of approval or denial in writing, it shall be deemed that the community development director approves the request and the applicant may legally occupy the premises.

Whenever this title states that an action or notice must be given in a certain number of calendar days, if the last calendar day for the action or notice is a weekend day or a federally recognized holiday, then the last calendar day shall be construed to include the first working day after the weekend or holiday; and the deadline shall be 5:00 p.m. current local time of that first working day.

Whenever this title states that an action or notice must be given "within" a period of time from a decision, action or notice, the first calendar day for the counting of the calendar days shall be as follows:

Each decision or notice shall contain a statement concerning rights to contest or appeal the decision or notice and among other information the statement shall state the date of the notice or decision; the date the appeal, contest or appeal period is expected to begin; the last date and time to file an appeal or notice; when the party to whom the notice must go is open for business; and the location to file an appeal or notice.

In the event the statement specified in subsection C of this section contains an error, the party relying on the statement shall be entitled to the longer time. Therefore, if the "last date" in the statement is earlier than the time as calculated under this section, the party shall be entitled to the time provided by this section. But if the "last date" in the statement is later than the date that would be calculated under this section, the party shall be entitled to, and the actual time shall be extended to, the date and time set out in the statement; provided, however, that if the error is in the statement of the year, the correct year shall apply.

Whenever this title states that something must be filed with the board of adjustment, filing shall be accomplished by filing with the clerk/treasurer of the city. The date of filing shall be the date of actual delivery to, or receipt of mail by, the city clerk/treasurer.

The city shall, at applicant's expense as provided in the annual fee schedule, no less than 10 days before the public hearing (1) mail notice to each taxpayer of record within 300 feet of any portion of the boundary of the proposed project; provided further, that owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property that are owned by the owner of real property proposed to be subdivided shall also be notified; and (2) post on the subject property at least two signs, one sign on each frontage abutting a public right-of-way or at the point of access to the property. The property shall remain posted until all appeal periods have expired. Signs for posting shall be provided to the applicant by the city at a cost identified in the annual fee schedule. Such mailing and posting shall be evidenced by submittal of a verified statement regarding the date of mailing and date and location of posting.

The city clerk/treasurer or designee shall provide notice of hearing, no less than 10 days before the public hearing, in the following manner:

All hearing notices required by this section shall include the date, time, and place of the public hearing, and a description of the location of the proposal in the form of either a vicinity location sketch or a written description, other than a legal description. For those public hearings under Chapter 16.84 SMC, the city shall email notice to known parties of interest or in the alternative mail notice in self addressed stamped envelopes provided by known parties of interest.

Every proposed amendment to the zoning code, including changes in the zoning district maps or boundaries, shall be referred to the city council.

The city council shall schedule a public hearing no later than 60 calendar days from the date it is officially notified of a request for an amendment to the zoning code.

Upon submission of a petition for a zoning code amendment, the city council shall give due public notice and conduct a public hearing, wherein the parties in interest and citizens shall have the opportunity to be heard, in accordance with Chapter 16.82 SMC.

If the zoning code amendment request is one that would call for a revision to the zoning map(s), the city council shall first examine the adopted 20-year land use plan to determine if the request is consistent with the long-range land use plan for the City of Sultan.

Additionally, the city council shall contact, in writing, and receive, in writing, statements from the relevant City of Sultan departments and authorities to inform them as to the availability and capacity of the roadway, water, sewer, and electrical power systems to accommodate the level of development that could occur if the zoning code amendment were to be granted. If statements are not available at the time of the public hearing, those city departments shall have an opportunity to make oral statements at said hearing. If no statement, written or oral, is given by any city department, it shall be assumed that they concur with the requested amendment.

Having taken into account the conditions and requirements set forth in subsections C and D of this section, the City of Sultan shall render a decision on the zoning amendment request.

If a request to amend the zoning code is made to the city council that goes beyond what is shown on the adopted 20-year land use plan (e.g., the land is currently shown as being in the LDR zoning district, the land use plan shows the area ultimately being designated in the MDR zoning district, but the applicant is requesting that his property be rezoned to the HDR zoning district), the city council shall refer the matter to the planning board for review and recommendation to the city council before the council takes action on the zoning amendment.

This chapter provides the City of Sultan's public participation and notice procedures for legislative land use actions. It does not provide procedures for any site-specific quasi-judicial land use action.

The public participation procedures established in this chapter are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to comprehensive plans and development regulations as required and limited by RCW 36.70A.035 and RCW 36.70A.140.

It is the intent and policy of the City of Sultan to provide its citizens with full opportunity to interact and participate in the process of guiding the future land use and development of the community. Further, it is the intent of the city to have processes and procedures that allow for effective and efficient management of actions at different levels of importance and interest to the public.

To provide appropriate opportunity for meaningful public involvement and to provide for effective operations, this chapter differentiates between various processes and provides for levels of public participation, notice, and review and adoption procedures that are commensurate with the action being undertaken as described and provided for in RCW 36.70A.035.

Applicability. Procedure Level I applies to circumstances under which no additional public review and comment period is provided. This procedure is as provided in RCW 36.70A.035(2)(b)(i) through (v).

Conditions for Immediate Action. This procedure applies to amendments to a proposed change in the comprehensive plan or development regulations when the opportunity for public review and comment on the original proposed change has passed. The amendment to the proposed change will be acted on without further notice or public input if one or more of the following conditions pertain to the amendment:

Step 1. No additional opportunity for public review is provided for actions meeting one or more of the five descriptions in subsections B.1 through 5 of this section.

Step 2. Make the proposed change in the ordinance or resolution under consideration and proceed with the procedure (Level II, III, or IV) that is applicable to the action under consideration.

Applicability. Procedure Level II applies to amendments to a proposed change in the comprehensive plan or development regulation when the proposed change has already been provided public notice and public input, and the opportunity for input on the original proposed change has passed, and provisions of RCW 36.70A.035(2)(a) apply to the amendment.

Conditions for Immediate Action. This procedure applies to proposed amendments to the comprehensive plan or development regulations when the opportunity for public review and comment on the original proposed amendment has passed and the proposed amendment does not meet the conditions of RCW 36.70A.035(2)(b)(i) through (v) as described in SMC § 16.86.020.

Step 1. Proposed amendment is initiated by:

Step 2. Proposed amendment is mailed or emailed to State Department of Commerce for 60-day review period. City advises Commerce of the proposed public hearing schedule for amendment.

Step 3. Public hearing is scheduled before planning board (this can occur during or after Commerce review).

Step 4. Publish the planning board public hearing date.

Step 5. Planning board conducts a public hearing.

Step 6. Planning board recommendation on amendment and public input received at the hearing are forwarded to city council.

Step 7. City council considers planning board recommendation and public input received at planning board public hearing.

Step 8. First reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)

First and second reading may be combined at council option.

Step 9. Second reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)

Step 10. If adopted, the ordinance amending the regulation(s) is published, and effective five days after publication date.

Step 11. Copies of revised regulation(s) are distributed to interested parties.

Applicability. Procedure Level III applies to amendments to the comprehensive plan or existing development regulations that address only procedures, or administrative provisions without substantively changing the effect of the comprehensive plan or the development regulation as regards its implementation of the comprehensive plan (as described in RCW 36.70A.035(2)(b)(iii)).

Level III actions are changes that do not materially affect the types of uses allowed on the ground and do not materially alter the criteria, standards, or conditions under which those uses are reviewed and determined to be allowed or not allowed.

Examples of Level III Actions.

Step 1. Proposed amendment is initiated by:

Step 2. Proposed amendment is mailed or emailed to State Department of Commerce for their 60-day review period. City advises Commerce of the proposed public hearing schedule for amendment.

Step 3. A public hearing is scheduled before planning board (this can occur during or after Commerce review).

Step 4. Publish the planning board public hearing date.

Step 5. Public hearing conducted before the planning board.

Step 6. Planning board recommendation on amendment and public input received at the hearing are forwarded to city council.

Step 7. City council considers planning board recommendation and public input received at planning board public hearing.

Step 8. First reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)

First and second reading may be combined at council option.

Step 9. Second reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)

Step 10. If adopted, the ordinance amending the regulation(s) is published, and effective five days after publication date.

Step 11. Copies of revised regulation(s) distributed to interested parties.

Applicability. Procedure Level IV applies to:

Step 1. Proposed amendment is initiated by:

Step 2. Prepare public information binders for public review at City Hall, reception area, and the Sultan Branch of the Sno-Isle Regional Library. Update binders as additional information becomes available throughout the review process.

Step 3. SEPA checklist on proposed amendment(s) is prepared by staff/applicant and mailed to the applicable reviewing agencies for 14-day comment period. Mailing includes:

Step 4. SEPA determination including comment period is:

Step 5. Proposed amendment is mailed or emailed to State Department of Commerce for their 60-day review period. City advises Commerce of the proposed public hearing schedule for amendment.

Step 6. Public hearing is scheduled before planning board (this can occur during or after Commerce review).

Step 7. Publish the planning board public hearing date:

Step 8. Public hearing conducted before the planning board.

Step 9. Planning board recommendation on amendment forwarded to city council. Document includes a statement as to whether or not the planning board recommends that the council hold a second public hearing.

Step 10. Upon receipt of the recommendation from the planning board the council, by motion, determines whether to hold a second public hearing on the proposal.

If council decides to hold a second public hearing, proceed to Step 11.

If council decides to proceed without a second public hearing, and take action based on review of the planning board's record, proceed to Step 13.

Step 11. Publish the city council public hearing date.

Step 12. City council conducts second public hearing and considers planning board recommendation. Proceed to Step 14.

Step 13. City council considers planning board record including staff report, all public input (written and verbal testimony), and planning board findings and recommendation and acts on the proposal. Proceed to Step 14.

Step 14. First reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)

First and second reading may be combined at council option.

Step 15. Second reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)

Step 16. If adopted, the ordinance amending the regulation(s) is published and effective five days after publication date.

Step 17. Copies of revised regulation(s) distributed to interested parties.

Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan;

Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district;

Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property;

Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone;

Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area and parcels elsewhere with the same zoning;

Value. The relative gain to the public health, safety, and welfare compared to the potential increase or decrease in value to the property owners.

A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvement, existing and proposed rights-of-way and improvements, and existing and proposed structures and other improvements, and particularly identifying the location of parking for the proposed use; this site plan shall also show structures, other improvements and natural features that are located within 50 feet of the project site; this information may be shown on several sheets if needed for readability;

A vicinity map, showing the location of the site in relation to nearby streets and properties;

A summary table of project statistics, including site area, building coverage, coverage by impervious surface, required and proposed parking, and similar data, as required to evaluate conformance of the proposed project with city regulations;

A written statement addressing the decision criteria;

A legal description of the property, including parcel number;

A statement to effect that the applicant(s) are the sole owners of the property;

Photographs of the site;

A complete SEPA checklist (for environmental review), unless the project is categorically exempt from SEPA review;

A list of other permits that are or may be required for development of the property (issued by the city or by other governmental agencies), insofar as they are known to the applicant;

A list of other city permits that are to be processed concurrently with this permit (i.e., subdivision of land, boundary line adjustment, major development permit, etc.); and

Payment of rezone application fee as set in the document titled "Fee Schedule for the City of Sultan" and adopted yearly by city ordinance.

The community development director or duly authorized representative may temporarily suspend any permit issued under the zoning code for:

Such permit suspension shall be issued in writing and shall be effective upon either service or posting of the notice upon the permit holder or his agent.

Notwithstanding any other provision of this code, whenever the community development director or duly authorized representative finds that a violation of this code, or rules and regulations adopted thereunder, has created or is creating a dangerous or other condition which, in his judgment, constitutes an immediate and irreparable hazard, he may, without service of a written notice and order, suspend and terminate operations under the permit immediately.

Failure of the holder to comply with the requirements of any land use ordinance, or rules and regulations promulgated thereunder, including the zoning code; or

Failure of the holder to comply with any notice and order issued pursuant to the zoning code; or

Interference with the community development director or duly authorized representative in the performance of their duties; or

Discovery by the community development director or duly authorized representative that a permit was issued in error or on the basis of incorrect information supplied to the city.