Violations of this title shall be enforced through the provisions of Title 26 TCC.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 15274, § 2(Att. B)LL, 2-23-2016)

Applications for zoning actions, as listed in Table 2, shall be subject to a Type I, Type II, Type III or Type IV review process.

1.

A Type I process involves an application that is subject to clear, objective and nondiscretionary standards or standards that require the exercise of professional judgment about technical issues, and that is exempt from State Environmental Policy Act (SEPA) review.

2.

A Type II process involves an application that is subject to objective and subjective standards which require the exercise of limited discretion about nontechnical issues and about which there may be a limited public interest.

3.

A Type III process involves an application that is subject to standards which require the exercise of substantial discretion and about which there may be a broad public interest.

4.

A Type IV process involves the creation, implementation or amendment of land use policies or regulations. It also includes site-specific rezones for which a corresponding Comprehensive Plan amendment is required.

(Ord. 11398 § 3 (part), 1997)

(Ord. No. 15020, § 7(Att. E), 5-20-2014)

1.

Type I Procedure—Ministerial Decision (see Appendix Figure 15).

a.

Within twenty-eight calendar days of receiving a Type I application, the department shall decide whether the application includes the applicable information listed in Section 20.60.030. If the application is deemed complete, the department shall begin substantive review of the application. If the application is deemed incomplete, the department shall notify the applicant in writing as to what basic submittal information is required to make the application complete. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information. An application shall be deemed complete if the department does not provide a written determination to the applicant that the application is incomplete as provided in this subsection.

b.

Within three calendar days of application submittal (or six calendar days if application is mailed in or dropped off), the applicant shall post an identification sign at a location on the project site that is visible from the access road, giving the name and general description of the proposed project and a contact name and phone number for more information. This sign is for the purpose of project identification rather than public notification. The sign shall be provided by Thurston County. The posted sign may be removed no earlier than fourteen calendar days after the decision on the application.

c.

Within fifty-eight calendar days of the date that the Type I application is submitted, the approval authority, as provided in Table 2, shall approve, approve with conditions, or deny the application, and shall mail the decision to the applicant. In determining the number of days that have elapsed after the application submittal date, the following periods shall be excluded:

i.

Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information;

ii.

Any period of time during which an administrative appeal is being processed;

iii.

Any extension of time mutually agreed upon in writing by the applicant and the department.

d.

At any time after the application is submitted, the department may request additional information or studies that are needed to complete the review due to the particular aspects of the project or site or if substantial changes are made to the proposed project. If this occurs, the applicant will be notified in writing as to what additional information is needed and the review clock will stop during the time that the applicant is assembling this information. The review clock will begin again once this additional information is submitted and deemed complete. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information.

Table 2

Permit Review Matrix

Thurston County Zoning Ordinance

¹  Permits for homeless encampments are considered a temporary use. Where application requirements and procedures for review differ from those laid out in this chapter, the requirements and procedures in Chapter 20.35 TCC apply. Administrative decisions made by the director are considered final and are directly appealable to superior court.

* Decision-making authority mandated by state law.

** Site-specific rezones for which a corresponding joint plan amendment is required, which are approved by the board of county commissioners, follows the process for comprehensive plan amendments, zoning text amendments, and legislative rezones.

e.

The decision may be appealed pursuant to Section 20.60.060.

f.

If the approval authority is unable to issue its decision within the time limits provided for in subsection (1)(c) of this section, the department shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a decision. A copy of this notice shall be forwarded to the board of county commissioners.

2.

Type II Procedure—Administrative Decision (see Appendix Figure 16).

a.

Within twenty-eight calendar days of receiving a Type II application, the department shall decide whether the application includes the applicable information listed in Section 20.60.030. If the application is deemed complete, the department shall send a letter of complete application to the applicant and shall begin substantive review of the application. If the application is deemed incomplete, the department shall send a letter of incomplete application to the applicant, listing the basic submittal information that is required to make the application complete. An application shall be deemed complete if the department does not provide a written determination to the applicant that the application is incomplete as provided in this subsection.

b.

Within fourteen calendar days after an applicant has submitted the additional information identified in the letter of incomplete application as being necessary for a complete application, the department shall notify the applicant in writing whether the application is complete or what basic submittal information is still needed to make the application complete.

c.

Once the application is deemed complete, a one hundred calendar day review clock begins. Either as part of the letter of complete application or as a separate written notification during the formal review period, the department may request additional information or studies that are needed to complete the review due to the particular aspects of the project or site or if substantial changes are made to the proposed project. If this occurs, the applicant will be notified in writing as to what additional information is needed and the review clock will stop during the time that the applicant is assembling this information. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information. The review clock will begin again once this additional information is submitted and deemed complete.

d.

Within nine calendar days after the application is deemed complete, the department shall mail a notice of application to all owners of property within a radius of three hundred feet of the project site if the site is inside an urban growth area or to owners of property within a radius of five hundred feet of the project site if the site is outside an urban growth area. It shall also be mailed to the applicant and other interested parties. The notice of application shall include the following:

i.

The date of application, the date of the letter of complete application, and the date of the notice of application;

ii.

A description of the proposed project and a list of the project permits included in the application and, if applicable, a list of any additional information or studies requested under Section 20.60.020(2)(c) above;

iii.

The identification of other permits not included in the application to the extent known by the department;

iv.

The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed;

v.

A statement of the public comment period and statements of the right of any person to comment on the application, receive notice of and participate in any hearings if applicable, request a copy of the decision once made, and any appeal rights;

vi.

A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency;

vii.

A map showing the project site in relation to other properties; and

viii.

Any other information determined appropriate by the department.

e.

The department shall accept public comments in response to the notice of application for up to twenty calendar days from the date of such notice. The department shall mail to the applicant a copy of comments timely received in response to the notice and shall consider such comments in the review of the application. The department may consider comments received after the twenty-day period has elapsed.

f.

Except for a determination of significance, the department shall not issue its SEPA threshold determination or issue a decision on the application until the expiration of the public comment period on the notice of application. However, the department may combine the comment period for a determination of nonsignificance with the comment period on the notice of application. Once the combined comment period ends, the department shall issue the threshold determination with or without a comment period, pursuant to Chapter 17.09 of this code.

g.

Within one hundred calendar days of the date of the letter of complete application, the approval authority, as provided in Table 2, shall approve, approve with conditions, or deny the application.

h.

If the SEPA threshold determination is appealed, the hearing examiner shall hold a combined open record hearing on both the SEPA appeal and the Type II application and shall render a decision on both actions.

i.

Within the time limits provided in subsection (2)(g) of this section, the department shall mail a notice of decision to the applicant, the county assessor and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall include a description of the decision, any mitigating conditions, a statement of any SEPA threshold determination made under Chapter 17.09 of this code, notice that affected property owners may request a change in valuation for property tax purposes, and the procedures for appeal. The decision may be appealed pursuant to Section 20.60.060.

j.

In determining the number of days that have elapsed after the department has issued the letter of complete application, the following periods shall be excluded:

i.

Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information;

ii.

Any period of time during which an administrative appeal is being processed;

iii.

Any period of time during which an environmental impact statement is being prepared;

iv.

Any extension of time mutually agreed upon in writing by the applicant and the department.

k.

The time limits in subsection (2)(g) of this section do not apply if a Type II application:

i.

Requires an amendment to the Comprehensive Plan or a development regulation;

ii.

Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or

iii.

Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.

l.

If the approval authority is unable to issue its decision within the time limits provided for in subsection (2)(g) of this section, the department shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. A copy of this notice shall be forwarded to the board of county commissioners.

3.

Type III Procedure—Quasi-Judicial Decision (see Appendix Figure 17).

a.

Within twenty-eight calendar days of receiving a Type III application, the department shall decide whether the application includes the applicable information listed in Section 20.60.030. The department shall render its decision on the completeness of the application in the manner prescribed in Section 20.60.020(2)(a) and (b) above.

b.

Once the application is deemed complete, a one hundred twenty calendar day review clock begins. Either as part of the letter of complete application or as a separate written notification during the one hundred twenty day review period, the department may request additional information or studies that are needed to complete the review due to the particular aspects of the project or site or if substantial changes are made to the proposed project. If this occurs, the applicant will be notified in writing as to what additional information is needed and the review clock will stop during the time that the applicant is assembling this information. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information. The review clock will begin again once this additional information is submitted and deemed complete.

c.

Within nine calendar days after the application is deemed complete, the department shall mail out a notice of application in the manner prescribed in subsection (2)(d) of this section, except that the mailing radius from the project site shall be expanded for the following special use permit applications:

i.

One thousand four hundred-foot radius: airfields and landing strips, jails, juvenile detention facilities, junk yards—wrecking yards, and work release facilities;

ii.

Two thousand six hundred-foot radius: composting facilities, feed lots, mineral extraction, petroleum products—processing/storage, plastics, paints, commercial chemicals—manufacture, prisons and prerelease facilities, secure community transition facilities, rifle, pistol and archery ranges, solid waste disposal facilities, and freestanding WCFs and other antenna support structures.

d.

The department shall accept public comments in response to the notice of application in the manner prescribed in Section 20.60.020(2)(e) above.

e.

Except for a determination of significance, the department shall not issue its SEPA threshold determination or issue a decision on the application until the expiration of the public comment period on the notice of application. However, the department may combine the comment period for a determination of nonsignificance with the comment period on the notice of application. Once the combined comment period ends, the department shall issue the threshold determination with or without a comment period, pursuant to Chapter 17.09 of this code.

f.

At least ten calendar days prior to the hearing examiner public hearing, the department shall complete the SEPA review and appeal process, pursuant to Chapter 17.09 of this code.

g.

At least ten calendar days prior to the hearing examiner public hearing on a Type III application, the department shall provide notice of the public hearing as follows:

i.

Publish notice, including the project location, description, type of permit(s) required, comment period dates and location where the complete application may be reviewed, in the newspaper of general circulation in Thurston County;

ii.

Mail notice, including all items described in subsection (3)(g)(i) of this section, to owners of property surrounding the project site, the applicant and other interested parties in the same manner prescribed in Section 20.60.020(3)(c) above;

iii.

Post notice, including the project number, name and description, parcel number, date, time and location of public hearing, and telephone number where the county staff can be contacted for more information, in a conspicuous place visible to the public on or near the project site.

h.

Within one hundred twenty calendar days of the date of the letter of complete application, the hearing examiner shall hold an open record public hearing on the Type III application and shall approve, approve with conditions, or deny the application.

i.

If the SEPA threshold determination is appealed, the hearing examiner shall hold a combined open record hearing on both the SEPA appeal and Type III application and shall render a decision on both actions.

j.

Within the time limits provided in subsection (3)(h) of this section, the department shall mail a notice of decision to the applicant, the county assessor and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall include a description of the decision, any mitigating conditions, a statement of any SEPA threshold determination made under Chapter 17.09 of this code, notice that affected property owners may request a change in valuation for property tax purposes, and the procedures for appeal. The decision may be appealed pursuant to Section 20.60.060.

k.

In determining the number of days that have elapsed after the department has issued the letter of complete application, the following periods shall be excluded:

i.

Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information;

ii.

Any period of time during which an administrative appeal is being processed;

iii.

Any period of time during which an environmental impact statement is being prepared;

iv.

Any extension of time mutually agreed upon in writing by the applicant and the department.

l.

The time limits in subsection (3)(h) of this section do not apply if a Type III application:

i.

Requires an amendment to the Comprehensive Plan or a development regulation;

ii.

Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or

iii.

Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.

m.

If the approval authority is unable to issue its decision within the time limits provided for in subsection (3)(h) of this section, the department shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. A copy of this notice shall be forwarded to the board of county commissioners.

4.

Type IV Procedure—Legislative Decision. Type IV actions shall be processed pursuant to Chapter 20.59. Amendments to comprehensive plans and development regulations shall also be processed in accordance with the docketing and public participation requirements of Chapter 2.05 of this code. Planned communities shall also be reviewed in accordance with Chapter 20.39.

(Ord. 13058 § 5, 2003; Ord. 12807 § 5, 2002; Ord. 11867 § 1 (part), 1998; Ord. 11804 §§ 106, 107, 110, 1998; Ord. 11398 § 3 (part), 1997)

(Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 15020, § 7(Att. E), 5-20-2014; Ord. No. 15974, § 3(Att. B, § IV), 12-15-2020; Ord. No. 16218, § 2(Att. A, § II), 11-22-2022)

A proposed project action involving two or more land use permit applications is encouraged to be processed in a consolidated manner, following the review and approval process of the highest numbered permit type represented among the required permits (see Table 2). The department shall designate a permit coordinator when two or more permit applications are processed concurrently.

The applicant may determine whether the multiple permit applications shall be processed concurrently or individually. If the applications are processed individually, the highest numbered permit type (see Table 2) shall be acted upon prior to the processing of the lower numbered permit types.

(Ord. 11398 § 3 (part), 1997)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

For an application to be deemed complete for purposes of beginning the formal project review and starting the review clock, the following basic submittal information shall be provided. During project review, additional information or studies may be requested in writing by the department if needed to address particular aspects of the project or site. While the project review clock will formally stop during the time that the additional information is being assembled, department review of other aspects of the project will continue.

If the application is deemed incomplete or if additional information is required, the applicant shall have one hundred eighty calendar days to submit the required information to the department. The department shall notify the applicant as to when the one-hundred-eighty-day period will end. If the applicant does not submit the required information within the one-hundred-eighty-day period, the application shall lapse. Prior to the expiration date, the applicant may request in writing an extension of time. The director may grant an extension if the required studies or information warrant additional time.

1.

Type I, II and III Applications. The project site must be identified in the field by posting an identification sign visible from the access road and by flagging the property corners and the center of the driveway/road access location. The purpose of this sign is for project identification rather than public notification. The sign and flags shall be provided by the county.

2.

Type I and IV Applications. Each application for a Type I or IV action shall contain all of the information requested on the application form provided by Thurston County, including a single applicant contact to receive all determinations and notices, and submittal of applicable fees. An application for a wireless communication facility (WCF) shall also contain the applicable information required in Section 20.33.050. An application for conceptual approval of a planned community or master plan shall also contain the information required in Chapter 20.39. An application for a secure community transition facility shall also contain the applicable information required in Section 20.54.070(39.5).

3.

Type II and III Applications. Each application for a Type II or III permit shall contain the following in clear and intelligible form (with exceptions as provided in Section 20.60.030(3)(p) and (q) below):

a.

An application form provided by Thurston County containing all of the information requested on the form, including a single applicant contact to receive all determinations and notices;

b.

A narrative summary of all uses and activities proposed to occur on-site, including hours of operation. For nonresidential developments, provide a statement which indicates whether hazardous materials, as defined in Chapter 24.03 of the Thurston County Critical Areas Ordinance or Section 17.15.200 of the Thurston County Agricultural Activities Critical Areas Ordinance for agricultural uses, will be used, stored or disposed of on-site, or as a result of site activities;

c.

Full size copies (quantity as stated on application form) and one eleven inches by seventeen inches reduced copy of a site plan drawing or drawings (folded, not rolled) at a scale of not less than one inch for each two hundred feet which shall include or show:

i.

The location and height of all existing and proposed structures, including, but not limited to, mobile/manufactured homes, houses, sheds, garages, barns, fences, culverts, bridges, storage tanks, signs and exterior lighting,

ii.

The boundaries, including dimensions, of the property proposed to be developed,

iii.

Setback distance measurements from all property lines (or road access easements) to all existing and proposed buildings. For mobile/manufactured home parks, show location and size of all mobile/manufactured home pads with dimensions of each yard and all proposed lighting,

iv.

All areas, if any, to be preserved as buffers or to be dedicated to a public, private or community use or for open space under the provisions of this title,

v.

The location of all existing and proposed easements,

vi.

The location of any area protected by covenant on the project site for water supply sources,

vii.

The location of all existing and proposed public and on-site utility structures and lines, including existing and proposed on-site sewage systems, sewer lines, water lines, wells and springs (including those within two hundred feet of the project site, depending on the applicant's ability to gain access to adjacent properties and based on existing Washington State Department of Ecology and Thurston County well log records). ^[7]

viii.

Existing location and name of drainage/surface water on-site,

ix.

Proposed stormwater drainage facilities type and location,

x.

All means, existing and proposed, of vehicular and pedestrian ingress and egress to and from the site, including disabled parking and access provisions, and the size and location of sidewalks (within urban areas), driveways, streets, internal circulation roads, and fire access roads, including existing and proposed road names and existing county and state right-of-way,

xi.

Existing adjacent/neighbor accesses to public road,

xii.

The location and size of all parking and outside storage areas,

xiii.

The location of all loading spaces, including, but not limited to, loading platforms and loading docks,

xiv.

A north arrow, map scale, date, site address and directions to the site,

xv.

All existing vegetation proposed to remain and all proposed landscaping, including location and type,

xvi.

Location of any existing critical areas or buffers affecting the site, both on-site and on adjacent properties, including but not limited to shorelines, wetlands, streams, steep slopes and special habitats. Off-site information obtained from available county mapping is sufficient,

xvii.

Vicinity sketch, at a scale of not less than three inches to the mile, indicating the boundary lines and names of adjacent developments, streets and boundary lines of adjacent parcels, and the relationship of the proposed development to major roads and highways, schools, parks, shopping centers and similar facilities;

d.

Topographic map showing two-foot contours for the entire subject parcel or parcels and a minimum of fifty feet into adjacent parcels, based on available County information. Contours may be placed on the site plan or on a separate map of the same scale. The topographic information may be generalized to the smallest, even-numbered, contour interval that is legible in areas of steep slopes where two-foot contour lines would otherwise be illegible to read;

e.

Written estimate of trips to and from the site daily for the proposed use. Specifically list trucks and other traffic;

f.

Description of proposed grading, including a written estimate of both cut and fill quantities in cubic yards and a map showing the location of cut and fill areas;

g.

The number of square feet covered by each existing and proposed building, total square feet in graveled, paved or covered surfaces, whether covered by buildings, driveways, parking lots or any other structure, and the total number of square feet in the entire subject parcel or parcels;

h.

The proposed number of dwelling units in the development, including the density calculation method used in deriving the total number of units for the project;

i.

For projects where new or altered on-site sewage systems are proposed, a soils report, as prescribed in Article IV of the Thurston County Sanitary Code (Sanitary Code), shall be submitted or soil test pits shall be dug in the proposed location of the on-site sewage system, as prescribed in Article IV, Section 11.3.2, Sanitary Code. The location of the soil test pits shall be shown on the site plan. During project review, county staff will initially perform the soils review. In some instances, the applicant may be required to retain the services of an on-site sewage system designer, as defined in Article IV, Sanitary Code, to conduct further analysis of soil and site conditions;

j.

Applicable fees;

k.

Applicable environmental documents, e.g. SEPA Checklist, applicable critical areas permit or review under Title 24 or Chapter 17.15 TCC or written agreement to complete an environmental impact statement;

l.

There may be additional submittal requirements for certain special uses, as listed in Chapter 20.54;

m.

In addition to the information listed in subsections (3)(a) through (l) above, for multifamily developments (more than two dwelling units on a single parcel) and planned residential developments, the following information is required:

i.

Program for development, including estimated phasing or timing of development and estimated build-out data for each year during the construction period,

ii.

Provisions to assure permanence and maintenance of common open space through homeowner's association formation, condominium development or other means acceptable,

iii.

Dwelling unit breakdown by type and size;

n.

In addition to the information listed in subsections (3)(a) through (l) above, for planned rural residential developments, the following information is required:

i.

The location of prime farmland soils, as defined by the Soil Survey of Thurston County, Washington, and Washington State's Private Forest Land Grade 2 areas,

ii.

The approximate location of trees, with the location of any windfirm trees that would screen residences from public roadways specifically identified, and other native vegetation,

iii.

General land uses adjoining the proposed subdivision,

iv.

The approximate location of any designated resource use parcels, designated long-term commercially significant agriculture or forest areas, identified critical areas, designated open space, greenbelts, parks, and wildlife corridors adjoining the proposed subdivision,

v.

Intended use of the resource use parcel, including the siting of any residence,

vi.

If not all of the allowable density is used, the number of lots which may be created in the future shall also be noted on the plat. The limitations on the use and subdivision of the resource use parcel, as provided in Sections 20.30A.040(3) and 20.30A.080(2), shall be noted on the plat. These limitations shall be effective until such time as the property is annexed into a city or town,

vii.

Proposed ownership of resource use parcel and open space areas,

viii.

Provisions to assure permanence and maintenance of any commonly owned open space through homeowners association formation or other means acceptable;

o.

In addition to the information listed in subsections (3)(a) through (l) above, for wireless communication facilities (WCFs), the applicable information in Section 20.33.050 is required.

p.

Each application for a quasi-judicial rezone shall contain only the following in clear and intelligible form:

i.

An application form provided by Thurston County containing all of the information requested on the form, including detailed responses to the following questions:

(A)

What is the relationship between the proposed use of the land to be rezoned and the surrounding land uses (i.e., is your proposed use of land significantly different than existing land uses surrounding your property)? Explain,

(B)

Why is the property not usable as presently zoned, including the events which lead you to this conclusion?

(C)

How have conditions affecting the subject site changed to make the proposed zone more appropriate than the existing zone?

(D)

How would the proposed zone change be in the interests of not only the applicant but the surrounding properties and the public as a whole?

(E)

How does the rezone request conform with the Thurston County Comprehensive Plan?

ii.

Full size copies (quantity as stated on application form) and one eleven inches by seventeen inches reduced copy of a site plan drawing or drawings (folded, not rolled) at a scale of not less than one inch for each two hundred (200) feet, which shall include or show:

(A)

A narrative summary of all uses and activities proposed to occur on-site,

(B)

The location of all existing and proposed structures, including, but not limited to, mobile homes, houses, sheds, garages, barns, fences, culverts, bridges, storage tanks, signs, and exterior lighting,

(C)

The boundaries, including dimensions, of the property proposed to be developed,

(D)

The location of all existing and proposed easements,

(E)

A north arrow, map scale, date, site address and directions to the site,

(F)

Location of any existing critical areas or buffers affecting the site, both on-site and on adjacent properties, including, but not limited to, shorelines, wetlands, streams, steep slopes and special habitats. Off-site information obtained from available county mapping is sufficient.

(G)

The boundaries and land use of all adjacent parcels,

iii.

Topographic map showing two-foot contours for the entire subject parcel or parcels and a minimum of fifty feet into adjacent parcels, based on available county information. Contours may be placed on the site plan or on a separate map of the same scale. The topographic information may be generalized to the smallest, even-numbered, contour interval that is legible in areas of steep slopes where two-foot contour lines would otherwise be illegible to read,

iv.

Applicable fees,

v.

Applicable environmental documents, e.g. SEPA checklist, applicable critical areas permit or review under Title 24 or Chapter 17.15 TCC or written agreement to complete an environmental impact statement;

q.

Each application for the designation of mineral lands of long-term commercial significance shall contain only the information listed in Section 20.30B.030(2). Each application for removal of designation status shall contain the information required in Section 20.30B.040.

(Ord. 12807 § 6, 2002; Ord. 11867 § 1 (part), 1998; Ord. 11804 § 108, 1998; Ord. 11398 § 3 (part), 1997: Ord. 10025 § 41, 1995: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 14961, § 3(Att. C), 12-17-2013)

Applicants for permits or other approvals pursuant to this title shall pay to the department the applicable fee identified on the fee schedule, which is adopted by reference and incorporated in this section.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

No building permit or septic tank permit shall be issued unless the director or designee has determined that all applicable provisions of this title have been met.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

Editor's note— Ord. No. 15274, § 2(Att. B)MM, adopted Feb. 23, 2016, repealed § 20.60.050, which pertained to violations, civil infractions and penalties and derived from Ord. 6708 § 3 (part), 1980; Ord. 11398 § 3 (part), 1997; Ord. 12761 § 26, 2002; Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 14961, § 3(Att. C), 12-17-2013.

Editor's note— Ord. No. 15274, § 2(Att. B)NN, adopted Feb. 23, 2016, repealed § 20.60.055, which pertained to civil infraction procedures and derived from Ord. 11398 § 3 (part), 1997); Ord. 12761 § 27, 2002; Ord. No. 14773, § 10(Att. I), 7-24-2012.

1.

Appeals of Administrative Decisions. Appeals may be taken to the hearing examiner by any person aggrieved or by any officer, department, board or commission of the county affected by any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title or any amendment thereto (Type I and II permits; see Table 2). Appeals shall be filed in writing with the department within fourteen calendar days of the date of the notice of the decision being appealed, on a form provided by the department. Appeals shall be considered in the manner prescribed by Chapter 2.06 TCC.

2.

Appeals of Hearing Examiner Decisions. The final decision by the hearing examiner on Type III permits and on Type I and II appeals, as provided in Table 2, may be appealed to the board of county commissioners by any aggrieved person or agency directly affected by the hearing examiner's decision. Appeals shall be filed in writing with the department within fourteen calendar days of the date of the notice of the decision being appealed, on a form provided by the department. Appeals shall be considered in the manner prescribed by Chapter 2.06 TCC.

3.

Judicial Appeals. The final decision by the board of county commissioners on Type IV actions and on Type I, II and III appeals, as provided in Table 2, may be appealed to Superior Court, as follows:

a.

Any judicial action to challenge, set aside or void any amendment to this title or any decisions made pursuant to the provisions of this title must be commenced within twenty calendar days from the date of amendment or decision.

b.

The plaintiff bringing any such action shall pay the full cost of transcription of the record prepared for judicial review of the matter being appealed.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

Any person may request in writing an interpretation of any provision of this title that pertains to an application under review or to a proposal that has been the subject of a presubmission conference. The department shall issue a written determination to the person requesting the interpretation in accordance with the Type I procedures in Section 20.60.020(1). The letter of request shall serve as the Type I application for code interpretations.

(Ord. 11398 § 3 (part), 1997)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)