Use Decisions
A. Purpose. The purpose of this chapter is to establish standardized decision-making procedures for reviewing development applications within the City of Vancouver enabling the city, the applicant, and all interested parties to reasonably review applications, and participate in the local decision-making process in a timely and effective way. More specifically, this chapter is intended to:
1. Assure prompt review of development applications through the application of clear and specific standards;
2. Provide for public review and comment on development applications that may have an impact on the community;
3. Establish procedures to ensure that the development application, if approved, is consistent with applicable standards; and
4. Ensure adverse impacts on surrounding land uses are minimized, while encouraging flexibility and innovation in the design and layout of site improvements and buildings.
B. Applicability. The provisions of this chapter apply to all development applications that are subject to review under the following chapters of the Vancouver Municipal Code except as otherwise exempt under Section 20.210.030 VMC:
C. Consistency with applicable codes. Where applicable, this chapter is intended to establish the procedures for determining whether development applications are, or can be approved or conditionally approved to be consistent with applicable codes, policies, and standards. (Ord. M-3643, 01/26/2004)
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A. General. All development applications shall be decided by using one of the following procedure types. The procedure type assigned to each action governs the decision-making procedure for that application, except to the extent otherwise required by applicable state or federal law.
B. Types defined. There are four types of decision-making procedures, as follows:
1. Type I procedure. Type I procedures apply to ministerial permits. Type I applications are decided by the planning official without public notice prior to the decision and without a public hearing. If any party with standing appeals a planning official’s Type I decision, the appeal of such decision will be heard by the hearings examiner, with further appeal to the superior court pursuant to applicable law.
2. Type II procedure. Type II procedures apply to quasi-judicial permits and actions that contain some discretionary criteria. Type II applications are decided by the planning official with public notice and an opportunity for comment. If any party with standing appeals a planning official’s Type II decision, the appeal of such decision will be heard by the hearings examiner, with further appeal to the superior court pursuant to VMC 20.210.130.
3. Type III procedure. Type III procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III applications are decided by the hearings examiner or planning commission, depending on the permit. If any party with standing appeals a hearings examiner’s or planning commission’s Type III decision, the appeal of such decision will be heard by city council pursuant to VMC 20.210.130, with further appeal to superior court.
4. Type IV procedure. Type IV procedures apply to legislative matters, planned unit developments, and rezones. Legislative matters involve the creation, revision or large-scale implementation of public policy. Type IV applications are considered initially by the planning commission or hearings examiner with final decisions made by the city council, automatically or on appeal.
C. Summary of permits by type of decision-making procedure. Table 20.210.020-1 summarizes the various development applications by the type of decision-making procedure.
Table 20.210.020-1. Summary of Development Applications By Type of Decision-Making Procedure
Type | Development Application | Cross Reference | Review Body |
|---|---|---|---|
I | Accessory Dwelling Units | Planning Official | |
Boundary Adjustments | Planning Official | ||
Conditional Use – Minor Modification | Planning Official | ||
Critical Areas Permit (Type I) | Planning Official | ||
Design Review (without Site Plan Review) | Planning Official | ||
Historic Property Certificate of Appropriateness/Administrative Review | Planning Official | ||
Interpretations – Quasi-Judicial | Planning Official | ||
Parking/Loading – Reduction of Minimum Ratios, Joint Parking | Planning Official | ||
Planned Developments – 1 Year Extension | Planning Official | ||
Site Plan Review – Minor Projects Below Type II Site Plan Review Thresholds | Planning Official | ||
Site Plan Review – Extension/Phasing | Planning Official | ||
Shoreline Permit Exemption | Planning Official | ||
Subdivision/Short Subdivision – Phasing, 1st Extension | Planning Official | ||
Temporary Use | Planning Official | ||
Tree Plan/Removal – without Site Plan Review | Planning Official | ||
Type I Variance | Planning Official | ||
II | Adult Entertainment Uses | Planning Official | |
Critical Areas Permit (Type II) | Planning Official | ||
Critical Areas Permit – Minor Exception | Planning Official | ||
Planned Developments – Detailed Plan, 2-Year Extension | Planning Official | ||
Public Facility Master Plans – Concept Plan Subsequent Phases & Extensions | Planning Official | ||
Shoreline Substantial Development Permit | Planning Official | ||
Short Subdivision – Preliminary Plat | Planning Official | ||
Site Plan Review | Planning Official | ||
Subdivision – 2nd Extension | Planning Official | ||
Type II Variance | Planning Official | ||
III | Conditional Uses – Initial, Major Modifications | Hearings Examiner | |
Critical Areas Permit – Reasonable Use Exception | Hearings Examiner | ||
Historic District Nomination | Clark County Historic Preservation Commission | ||
Historic District or Property Designation Removal | Clark County Historic Preservation Commission | ||
Historic Register Nomination | Clark County Historic Preservation Commission | ||
Historic Property Certificate of Appropriateness Public Review | Clark County Historic Preservation Commission | ||
Public Facility Master Plans – Initial Approval | Hearings Examiner | ||
Shoreline Conditional Use Permit (recommendation to State Department of Ecology) | Hearings Examiner | ||
Shoreline Substantial Development Permit | Hearings Examiner | ||
Shoreline Variance (recommendation to State Department of Ecology) | Hearings Examiner | ||
Subdivisions – Preliminary Plat | Hearings Examiner | ||
IV | Annexations | Planning Commission City Council | |
Development Agreements | Planning Commission, if Agreement is part of proposal before the Commission City Council | ||
Planned Developments | Planning Commission, except Hearings Examiner for Planned Developments 25 acres or smaller in size City Council | ||
Master Plans in the Riverview Gateway and Section 30 subareas | Planning Commission City Council | ||
Comprehensive Plan or Zoning Text/Map Amendment | Planning Commission, except review of Chapter 20.180 VMC, Fees City Council | ||
Zoning Map Amendments | 20.285 | Planning Commission, except Hearings Examiner review in cases of standalone zone changes from one single or multifamily residential designation to the next most or least dense that also involve a concurrent subdivision proposal City Council |
D. Concurrent review. When the city must approve more than one application for a given development, all applications required for the development pursuant to this chapter may be submitted for review at one time. When more than one application is submitted for a given development, and those applications are subject to different types of procedure, then all of the applications are subject to the highest type of procedure that applies to any of the applications; provided, however that each development application shall only be subject to the relevant criteria applicable to that particular development application. For example, a development proposal that includes a Type II application and a Type III application shall be wholly subject to the procedures applicable to a Type III application, but the Type II portion of the development proposal shall be decided according to the relevant approval criteria applicable to the Type II application.
E. Assignment of procedure type. Applications shall be processed according to the assigned review type in the above table. If the Vancouver Municipal Code does not expressly provide for review using one of the four types of decision-making procedures, and another specific procedure is not required by law, the planning official shall classify the application in question as one of the four types of decision-making procedure using the following criteria:
1. The act of classifying an application shall be a Type I decision;
2. Questions about what procedure is appropriate shall be resolved in favor of the decision-making procedure providing the greatest opportunity for public notice; and
3. The planning official shall classify the application by determining whether the application is similar in nature and degree to another type of application that has been classified by type as listed in Table 20.210.020-1 and under the same approval criteria applicable to the type of application most similar in nature and degree to the application.
F. Comprehensive Plan Amendments. New development applications or pre-applications which are inconsistent with the comprehensive plan shall not be accepted by the city, until the planning commission recommends approval of a comprehensive plan amendment or in the event that planning commission recommends denial, until the effective date of final action by the city council approving the comprehensive plan amendment on appeal. (Ord. M-4147 § 4, 12/07/2015; Ord. M-3959 § 7, 07/19/2010; Ord. M-3931 § 2, 11/02/2009; Ord. M-3922 § 8, 07/06/2009; Ord. M-3840 § 6, 08/06/2007; Ord. M-3692 § 11, 02/28/2005; Ord. M-3663 § 5, 08/02/2004; Ord. M-3643, 01/26/2004)
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A. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter:
1. Landscaping or landscape alterations, unless such landscaping or alterations would require a permit or approval pursuant to this title or modify or violate an approved plan, plat or a condition of approval of a prior permit. In such instance of modification, the permit shall be processed as a modification of the prior permit under VMC 20.210.140, a plat alteration or other applicable procedure.
2. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping or utilities.
3. A change of any legally-established use except if the change of use requires an increase in the number of parking spaces provided, requires a conditional use permit under Chapter 20.245 VMC, requires Type I or Type II site plan approval under Chapter 20.270 VMC, Site Plan Review, or is otherwise classified in this title as a Type I, II, III or IV action.
4. Building permits required pursuant to the city-adopted building code for construction not requiring a development application under VMC Title 20.
5. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, water hook-ups, right-of-way permits, grading permits, and fire department permits.
6. Home occupation permits.
7. Sign permits.
8. Approval of escrow agreements/accounts.
9. All developments and buildings that are engaged in agriculture as defined in Chapter 20.160 VMC, Use Classifications.
10. Interior remodeling and tenant improvements unless site plan review is triggered under VMC 20.270.020(C) or (D).
11. Independent archaeological predeterminations or surveys not associated with a development application.
12. Short-term rental permits.
B. Other regulations apply. Exemptions in subsection A of this section are subject to all other applicable standards and requirements of the Vancouver Municipal Code. (Ord. M-4433 § 2(D) (Att. B), 2023; Ord. M-3692 § 12, 2005; Ord. M-3643, 2004)
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A. Pre-application conference. A pre-application conference is required for any Type I application, involving land which contains a Critical Area or Buffer, as defined by 20.740 VMC, unless waived pursuant to Section 20.210.080 (B) VMC prior to submittal of an application. A pre-application conference is not required for any other Type I application.
B. Application requirements.
1. Application forms. Type I applications shall be made on forms provided by the planning official.
2. Submittal information. Type I applications shall:
a. Include the information set forth in the chapter of this title governing the permit requested; and
b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and
c. Be accompanied by the required fees.
C. Counter-complete determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to Section 20.210.090 VMC.
D. Fully-complete determination. No later than 21 calendar days after receipt of a counter-complete Type I application, the planning official shall notify the applicant as to the completeness of the application. The city shall make a determination of fully-complete status pursuant to Section 20.210.100 VMC. An application shall not be deemed fully complete until all information required by the code applicable to the permit sought is submitted.
E. Review by Planning Official. Unless accompanied with a SEPA checklist review the planning official shall approve, approve with conditions, or deny a Type I application within 28 calendar days after the date the application was accepted as fully complete; provided, that an applicant may agree in writing to extend the time in which the planning official shall issue a decision. Qualifying Planned Actions and other projects which involve a SEPA Review shall be reviewed within 60 days of a fully complete determination. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city shall not be included in the maximum permitted review period. The planning official may consider new evidence the applicant introduces with or after such a written request for extension. The planning official’s decision shall address all of the relevant approval criteria applicable to the development application.
F. Final Decision. The final decision on a Type I application shall be mailed to the applicant, the property owner, and the applicant’s representative by regular mail. The final decision on a Type I application shall contain the following information:
1. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
2. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;
3. The reasons for a conclusion to approve, approve with conditions or deny the application;
4. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and
5. The date the final decision is signed and the date the appeal period expires.
G. Appeal of Final Decision. A Type I decision becomes effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of Section 20.210.130 VMC shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the planning official, the Type I decision is considered final on the day it is signed by the planning official or on the day the waiver is approved, whichever is later. (Ord. M-3959 § 10, 07/19/2010; Ord. M-3692 § 13, 02/28/2005; Ord. M-3643, 01/26/2004)
A. Pre-application conference. A pre-application conference is required for all Type II applications, unless waived under VMC 20.210.080(B) before a Type II application is submitted. Pre-application conference requirements and procedures are set forth in VMC 20.210.080.
B. Application requirements.
1. Application forms. Type II applications shall be made on forms provided by the planning official.
2. Submittal information. Type II applications shall:
a. Include the information set forth in the chapter of this title governing the permit requested;
b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and
c. Be accompanied by the required fees.
C. Counter-complete determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to VMC 20.210.090.
D. Fully complete determination. No later than 28 calendar days after receipt of a counter-complete Type II application, the planning official shall notify the applicant as to the completeness of the application. Determination of fully complete status shall be pursuant to VMC 20.210.100. An application shall not be deemed fully complete until all information listed in the code applicable to the action requested and/or in the pre-application conference summary is submitted.
E. Notice of Application. Within 14 calendar days after the date a Type II application is determined fully complete, the planning official shall issue a notice of application which shall include all of the following:
1. The case file number(s), the date of application, and the date a fully complete application was filed;
2. A description of the proposed project, and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the city;
3. The proposed SEPA threshold determination, if the optional SEPA process is used; whether the application is categorically exempt from SEPA, the deadline for submitting comments or appeals under Chapter 20.790 VMC, if applicable, or other matters covered by SEPA;
4. The identification of any existing environmental documents that may be used to evaluate the proposed project;
5. A statement of the public comment period, a statement that the public has the right to comment on the application, receive notice of the decision, request a copy of the decision once made, and a notice of any appeal rights;
6. An indication that failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals on that issue. Comments directed at the relevant approval criteria are what constitute relevant evidence;
7. An indication that all evidence relied upon by the planning official to make the decision shall be contained within the record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the planning official;
8. The name of the applicant or applicant’s representative and the name, address, and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning;
10. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
11. The date, place, and times where information about the application may be examined and the name and telephone number of the city representative to contact about the application;
12. An indication that after the comment period closes, the planning official shall issue a Type II notice of decision; and
13. Any additional information determined appropriate by the planning official.
F. Distribution of Notice of Application. The notice of application shall be published in a newspaper of local circulation and sent to the following persons by mail:
1. The applicant and all owners of the site which is the subject of the application;
2. All owners and residents of record of property as shown on the most recent property tax assessment roll, located within 500 feet of the site;
3. Any city recognized neighborhood association whose boundaries include the site;
4. City-recognized neighborhood associations adjacent to the city-recognized neighborhood association whose boundaries include the site;
5. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or which is otherwise entitled to such notice;
6. Any person who requested, in writing, to receive a copy of the notice of application.
G. Comment period. The planning official shall allow 14 calendar days after the date of notice of application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the planning official shall mail to the applicant a copy of written comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to the comments of the planning official within 14 calendar days from the date the comments are mailed. The planning official in making his decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant.
H. Timeline to make Final Decision. The final decision on a Type II application shall be made and mailed pursuant to subsection I of this section not more than 100 calendar days (90 days for short subdivisions) after the date a fully complete determination is made. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.
2. Time spent preparing an environmental impact statement.
3. Time between submittal and resolution of an appeal.
4. Any extension of time mutually agreed upon by the applicant and the city in writing.
I. Final Decision. The final decision on a Type II application shall contain the following information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;
3. The date the planning official’s decision shall become final, unless appealed;
4. A statement that all persons entitled to notice or who have standing under VMC 20.210.130(B)(2) may appeal the decision;
5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the city representative to contact about reviewing the case file;
7. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
8. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;
9. The reasons for a conclusion to approve, approve with conditions or deny the application;
10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law;
11. The date the final decision is mailed; and
12. A copy of the mailing labels showing (a) the persons who were mailed the final decision, and (b) the persons who were mailed the notice of decision.
J. Distribution of the Final Decision. The planning official shall provide an affidavit of mailing of the final decision as part of the file. The final decision shall indicate the date the final decision was mailed and demonstrate that the required final decision was mailed to the necessary parties in a timely manner. A final decision shall be sent by mail to:
1. The applicant and all owners of the site which is the subject of the application;
2. Any city recognized neighborhood association whose boundaries include the boundaries of the project site;
3. City-recognized neighborhood associations adjacent to the city-recognized neighborhood association whose boundaries include the site; and
4. Any person who requested, in writing, to receive a copy of the final decision of the planning official.
K. Notice of Decision. A notice of decision shall include the information contained in subsections (I)(1) through (I)(6), (I)(10) and (I)(11) of this section.
L. Distribution of Notice of Decision. The planning official shall provide an affidavit of mailing of the notice of decision as part of the file. The notice of decision shall indicate the date the notice was mailed and demonstrate that the required notice was mailed to the necessary parties in a timely manner. A notice of decision shall be sent on the same day as the final decision by mail to:
1. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or who is otherwise entitled to such notice;
2. Any person who provided written comments on the application during the public comment period and provided a mailing address.
M. Final Decision and effective date. A Type II decision is subject to the required appeal period when the final decision and the notice of decision are mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of VMC 20.210.130 shall apply. (Ord. M-4496 § 3(A), 2025; Ord. M-4438 § 4(E), 2023; Ord. M-3643, 2004)
A. Pre-application conference. A pre-application conference is required for all Type III applications, unless waived under VMC 20.210.080(B) before a Type III application is submitted. Pre-application conference requirements and procedures are set forth in VMC 20.210.080.
B. Application requirements.
1. Application forms. Type III applications shall be made on forms provided by the planning official.
2. Required submittals. Type III applications shall:
a. Include the information set forth in the chapter of this title governing the action requested;
b. Address the relevant criteria applicable to the action requested in sufficient detail for review and action; and
c. Be accompanied by the required fees.
C. Counter-complete determination. VMC 20.210.050(C) shall apply to Type III applications.
D. Fully complete determination. VMC 20.210.050(D) shall apply to Type III applications.
E. Notice of Application/Hearing. Within 14 calendar days after the date a Type III application is determined fully complete, the planning official shall issue a notice of application to a newspaper of local circulation and to the parties listed in VMC 20.210.050(F) which shall include:
1. The case file number(s), the date of application, and the date a fully complete application was filed;
2. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the city;
3. The proposed SEPA Threshold Determination, if the Optional SEPA Process is used; whether the application is categorically exempt from SEPA, the deadline for submitting comments or appeals under Chapter 20.790 VMC, if applicable, or other matters covered by SEPA;
4. The identification of any existing environmental documents that may be used to evaluate the proposed project;
5. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made; and a notice of any appeal rights;
6. The date, time, place, and type of hearing, if established at the time of the notice of application. If the hearing date has not been established at the time of issuance of the notice of application, the notice of hearing procedures of VMC 20.210.120(B)(1)and (B)(2) shall apply;
7. A statement that a consolidated staff report and SEPA review will be available for inspection at no cost at least 10 calendar days before the public hearing and the deadline for submitting written comments;
8. The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location and zoning;
10. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
11. The date, place, and times where information about the application may be examined and the name and telephone number of the city representative to contact about the application;
12. The designation of the review authority, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the review authority;
13. Any additional information determined appropriate by the planning official.
F. Comment period. The planning official shall allow 30 calendar days after the date of notice of application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the planning official shall mail to the applicant a copy of written comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to the comments of the planning official within 14 calendar days from the date the comments are mailed. The planning official in making his decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant.
G. Timeline to Make Final Decision. The final decision on a Type III application shall be made and mailed pursuant to VMC 20.210.050(H)(1) not more than 170 calendar days (90 days for subdivisions) after the date a fully complete determination is made. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.
2. Time spent preparing an environmental impact statement.
3. Time between submittal and resolution of an appeal.
4. Any extension of time mutually agreed upon by the applicant and the city in writing.
H. Hearing Procedures and Final Decision. VMC 20.210.120(B)(1)(b) through (B)(1)(d) and (B)(3) through (B)(14) shall govern the hearing procedures and final decision for a Type III application.
I. Distribution of Final Decision. VMC 20.210.120(B)(11) shall govern distribution of a final decision on a Type III application.
J. Distribution of Notice of Decision. VMC 20.210.120(B)(13) shall govern distribution of notice of decision on a Type III application.
K. Appeal. VMC 20.210.130 shall govern an appeal of a final decision on a Type III application. (Ord. M-4496 § 3(A), 2025; Ord. M-3643, 2004)
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A. Purpose and findings. Type IV applications are legislative land use actions as well as site-specific rezones and planned developments to be reviewed by the Hearings Examiner or Planning Commission and City Council. Specific Type IV applications are subject to the procedures and review criteria set forth in the applicable sections of the code. The full list of Type IV applications is set forth in VMC 20.210.020(C), Table 20.210.-1.
B. Initiation of Type IV applications. Type IV applications may be initiated by any of the following if authorized by this code:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association or other party; or
3. City staff, Planning Commission or City Council.
C. Exception from consolidated review. Type IV applications, except planned developments, shall be considered exempt from 36.70B.120 RCW requirements which mandate consolidation of all related project permits into a single application review if requested by the applicant. Projects involving a Comprehensive Plan amendment and associated change of zone shall not be processed using concurrent review under VMC 20.210.020(D).
1. Type IV Map amendments: Refer to Chapter 20.285 VMC.
2. Type IV Text amendments: Refer to Chapter 20.285 VMC (Ord. M-3922 § 9, 07/06/2009; Ord. M-3643, 01/26/2004)
Code reviser’s note: ACM M-3643, Amended, 05/20/2008, Correction of Title to Table 1 from Table 20.020-1 to read VMC 20.210.020(C), Table 20.210-1.
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A. Purpose.
1. To acquaint city and other agency staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant of applicable approvals and requirements; and
2. To acquaint the applicant with the applicable requirements of the Vancouver Municipal Code and other laws and to identify issues and concerns in advance of a formal application to save the applicant time and expense through the process. However, the conference is not intended to provide an exhaustive review of all the potential issues. The pre-application conference does not prevent the city from applying all relevant laws to the application.
3. To inform applicable city recognized neighborhood associations of potential development activity within their neighborhoods.
B. Pre-application waivers.
1. A pre-application conference is required for all Type II, Type III and applicant-initiated Type IV applications, and certain Type I applications, unless waived by the planning official. Generally, the planning official may waive the pre-application conference only if he determines that the proposal is relatively simple (e.g., has few, if any, development-related issues), or it involves subsequent phases of an approved development where requirements are known, or an application is substantially similar to a prior proposal affecting substantially the same property, as determined by the planning official. Planning official shall notify affected Neighborhood Associations of proposed development application and copy of pre-application waiver letter. Pre-application conferences shall not be waived for infill developments, pursuant to Chapter 20.920 VMC.
2. To request a waiver of a pre-application conference, the applicant shall submit:
a. A completed pre-app waiver request form provided by the planning official;
b. A written narrative justifying the request for pre-application waiver; and
c. Required fee.
C. Information required for contingent vesting. To qualify for contingent vesting under Section 20.210.110 VMC, the applicant shall submit at a minimum the pre-application items listed in Sections 20.210.080(D)(1)-(6) VMC; provided, that an applicant shall not contingently vest unless the applicant submits all of the information required for the actual application within the timeframe set forth in Section 20.210.110 VMC. The planning official may modify requirements for pre-application materials and may conduct a pre-application conference with less than all of the required information. However, failure to provide all of the required information may prevent the planning official from identifying all applicable issues or providing the most effective pre-application conference and may preclude contingent vesting under Section 20.210.110 VMC. Review for completeness of the pre-application submittal will not be conducted by staff at the time of submittal and completeness is the responsibility of the applicant.
D. Application for a pre-application conference – Application – Fees. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC. The planning official may waive submittal requirements upon request if found to be inapplicable to the proposed development:
1. Completed and signed pre-application conference request form provided by the planning official.
2. Information legible for digital reproduction and clearly marked with the following: project name; vicinity map; scale; north arrow; date; applicant’s name, phone and fax numbers; contact person’s name, phone and fax numbers.
3. A GIS packet obtained from Clark County’s Department of Assessment and GIS department for all properties covered by the application.
4. A narrative description of the following:
a. Uses proposed for the site.
b. Hours of operation.
c. Estimated vehicular traffic to and from the site.
5. Preliminary architectural information. A brief narrative description of the following:
a. Gross square footage of each structure and outdoor activity center proposed to be built or retained on site.
b. Proposed and potential uses and occupancy group of each structure proposed to be built or retained on site.
c. Number of floors, building height, and construction type of each structure and outdoor activity area proposed to be built on site.
d. Conceptual plans showing at least the gross square footage of each structure proposed to be built or retained on site.
e. Conceptual elevation drawing of each structure proposed to be built or retained on site.
f. Show the dimensions and area of the project site.
6. Existing and Proposed on-site Structures and Improvements:
a. Identify use(s) of all existing and proposed structures.
b. Location, dimensions, and height of all existing and proposed buildings and structures.
c. Location and dimensions of existing and proposed recreation areas and open space.
d. Location of existing and proposed driveways, off-street parking and loading areas, bicycle parking, and pedestrian and bicycle pathways.
e. Location, dimensions, and screening of proposed solid waste/recyclables storage areas.
f. Existing or conceptual plan showing lighting and landscaping. Landscape plan should include location of driveways and buffering off-street parking and loading areas.
g. Location and dimensions of existing and proposed streets, rights-of-way and public and private access easements on and adjoining the site.
h. Location and dimensions of all existing and proposed above ground and below ground utilities.
7. Preliminary engineering information. Provide a conceptual drawing or sketch showing the following:
a. Approximate location of existing fire hydrants within a one-hundred foot (100’) radius of the site.
b. Preliminary assessment of low impact development implications and proposed method of providing storm-water drainage on the site as required in VMC 14.25.
c. Strategy narrative for proposed erosion control measures as required in VMC 14.24.
d. Proposed grading activity for the site, indicating areas of native soil preservation, compaction prevention, and proposed cuts and fills.
E. Notice. Within 14 calendar days after receipt of an application for a pre-application conference, the planning official shall mail written notice to the applicant and to other interested agencies and parties, including the neighborhood association in whose area the property in question is situated. The notice shall state the date, time, location, and purpose of the pre-application conference.
F. Planning Official’s role. The planning official shall coordinate the involvement of agency staff responsible for planning, development review, roads, drainage, parks and other subjects, as appropriate, in the pre-application conference process. Relevant staff shall attend the pre-application conference or shall take other steps to fulfill the purposes of the pre-application conference.
G. Scheduling. The pre-application conference shall be conducted at least five calendar days after the notice is mailed but not more than 28 calendar days after the planning official accepts the application for pre-application conference. The planning official shall reschedule the conference and give new notice if the applicant or applicant’s representative cannot or does not attend the conference when scheduled.
H. Pre-application conference summary. The planning official shall provide to the applicant, other attending parties, and those who request a copy of the pre-application summary report in writing. The written summary generally shall do the following to the extent possible given the information provided by the applicant:
1. Summarize the proposed application(s);
2. Identify the relevant approval criteria and development standards in the Vancouver Municipal Code or other applicable law and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;
3. Evaluate submitted information the applicant offered to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;
4. Identify applicable application fees in effect at the time, with a disclaimer that fees may change;
5. Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:
a. Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;
b. Physical development limitations, such as steep or unable slopes, wetlands, well-head protection areas or water bodies, that may exist on and in the vicinity of the property subject to the application;
c. Those public facilities that will serve the property subject to the application, including fire services, roads, storm drainage, and, if residential, parks and schools, and relevant service considerations, such as minimum access and fire-flow requirements or other minimum service levels and impact fees; and
d. Confirm the application submittal requirements and what submittal information is waived.
e. Where applicable, indicate whether the pre-application submittal was complete so as to trigger contingent vesting under Section 20.210.110 VMC.
I. Request for second conference. An applicant may submit a written request for a second pre-application conference within one calendar year after an initial pre-application conference. There is no additional fee for a second conference if the proposed development is substantially similar to the one reviewed in the first pre-application conference or if it reflects changes based on information received at the first pre-application conference. A request for a second pre-application conference shall be subject to the same procedure as the request for the initial pre-application conference.
J. Expiration. The pre-application comments from the city shall expire one year from the date the pre-application conference is held. A counter-complete application that the planning official finds is substantially similar to the subject of a pre-application conference must be submitted within one calendar year after the last pre-application conference or after approval of waiver of pre-application conference. Once the pre-application comments have expired the applicant must file a new request for a pre-application conference or receive approval of a pre-application waiver request in order to submit a development application. (Ord. M-4325 § 3, 2020; Ord. M-4179 § 67, 2016; Ord. M-3692 § 14, 2005; Ord. M-3643, 2004)
A. Prior to acceptance of application. Before accepting Type I, II, or III applications or applicant-initiated Type IV applications Map Amendments, a planning staff member from the city shall determine that the application is counter-complete. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application.
B. Complete application. If the planning staff member decides that the application is counter-complete at the time of application, the application shall be accepted for review for fully-complete status.
C. Incomplete application. If the planning staff member decides the application is not counter-complete, he or she shall immediately reject the application and identify what is needed to make the application counter-complete.
D. Application content. A counter-complete application shall include all of the items listed in the chapter of the code applicable to the type of development proposed, unless waived in writing by the planning official. (Ord. M-3643, 01/26/2004)
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A. Determination. Within 28 calendar days after receiving a counter-complete Type II or III application or applicant-initiated Type IV Map Amendment application, the planning official shall mail or provide in person a written determination to the applicant stating either:
1. That the application is fully complete; or
2. That the application is not fully complete and what is necessary to make the application complete.
B. Application content. An application shall include all of the information listed as application requirements in the application form; provided, that:
1. The planning official may upon written request waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed before applications are submitted for counter-complete review, or discussed at the pre-application conference, and confirmed in the pre-application conference summary.
2. The decision about the fully-complete status of an application, including any required engineering, traffic or other studies, shall be based on the criteria for completeness and methodology set forth in the Vancouver Municipal Code or in implementing measures adopted in a timely manner by the planning official and shall not be based on differences of opinion as to quality or accuracy.
3. An application’s fully-complete and vesting status may be revoked if the planning official determines that the applicant intentionally submitted false information.
C. Incomplete application. If the planning official decides an application is not fully complete, then, within the time provided in Subsection (A) of this section, the planning official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.
1. The statement shall specify a date by which the required missing information must be provided to restart the fully-complete review process. The statement shall state that an applicant can apply to extend the deadline for filing the required information and explain how to do so.
2. The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, will be required to address other issues that are relevant to the review.
3. If the required information is not submitted by the date specified and the planning official has not extended that date, within seven calendar days after that date, the planning official may take the action in subsections 3(a) and 3(b) of this section. If the required information is submitted by the date specified, then within 14 calendar days, the planning official shall decide whether the application is fully complete and, if not, the planning official may:
a. Reject and return the application and an amount up to 80% of the application fees by mail, together with a written statement that lists the remaining additional information needed to make the application fully complete; or
b. Issue a decision denying the application, based on a lack of information. Provided, the planning official may allow the applicant to restart the fully-complete review process a second time by providing the required missing information by a date specified by the planning official, in which case the planning official shall retain the application and fee pending expiration of that date or a fully-complete review of the application as amended by that date.
D. Fully-complete application. If the planning official determines that a Type I, II, or III application is fully complete, he or she shall:
1. If a Type I application, issue a Notice of Decision within 28 calendar days pursuant to Section 20.210.040(F) VMC;
2. If a Type II application, issue a Notice of Application within 14 calendar days pursuant to Section 20.210.050(E) VMC.
3. If a Type III application, issue a Notice of Application/Hearing within 14 days pursuant to Section 20.210.060(E) VMC.
E. Automatic determination. A Type I, II, or III application and applicant-initiated Type IV-Map Amendment application shall be determined fully complete if a written determination has not been mailed to the applicant within 28 calendar days of the date the counter-complete application is received by the city. An application shall be determined fully complete if a written determination has not been mailed to the applicant within 14 calendar days of the date that the necessary additional information is submitted pursuant to subsection (C).
F. Fully complete date. The date a fully-complete application is filed for purposes of vesting is the date the counter-complete application is originally filed or the date any necessary additional information is submitted pursuant to subsection (C), whichever is later, regardless of whether the application is determined to be fully complete under subsection (A)(1) or automatically determined fully complete under subsection (E).
G. Request for additional information. A fully-complete determination shall not preclude the city from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. (Ord. M-4105 § 3, 11/17/2014; Ord. M-3840 § 7, 08/06/2007; Ord. M-3643, 01/26/2004)
A. Vested application. Type I, II, or III applications shall be considered under this chapter and the zoning, development and other land use control ordinances contained in the VMC, and any uncodified ordinances modifying the same, in effect on the date a fully complete application is filed with the city. For the purposes of this section, a vested application shall mean that the applicant is entitled to implement the development proposal described in the application, under the zoning, development and land use ordinances applied by the city in its review of the application without being subject to changes in development regulations subsequent to the submittal date except to the extent allowed by the city’s police power to protect the public health, safety, and welfare.
Once an application is approved and if the approval contains a detailed description of the uses, including a detailed site plan drawn to scale, specifying the location of all buildings and improvements to be constructed in conjunction with the use(s), and such site plan is consistent with all laws and regulations in effect at the time the original application vested, then all land use applications in connection with the approved use(s) and/or site plan are vested to the laws and regulations in effect at the time of the vesting of the original permit application, until the land use approval expires.
B. Contingent vesting. An application which is subject to a pre-application conference shall contingently vest on the date a complete pre-application is filed, if a fully-complete application for substantially the same proposal is filed within 180 calendar days of the date the review authority issues its written summary of the pre-application conference, and provided the pre-application submittal met the requirements of 20.210.080(C).
C. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the planning official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project, and the city while maintaining consistency with the comprehensive plan. Applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances the development remains subject to and will not be significantly detrimental to the health, safety, or general welfare of the city. Planning official shall review and either approve the request or determine if a new application must be submitted.
D. Exception to vesting. Unless expressly authorized elsewhere in this title, vested rights shall apply only to development regulations and shall not be applied to development review fees or impact fees. (Ord. M-3643, 01/26/2004)
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A. Assignment of review bodies.
1. Proposed land use actions shall be reviewed as indicated in Table 20.210.020-1. All listed actions reviewed by the Hearings Examiner, Planning Commission, and City Council shall be conducted at a public hearing according to the applicable procedures in the Vancouver Municipal Code, and decisions shall be issued based on compliance with applicable standards, pursuant to this title.
2. The planning official shall have the authority to assign the review body in cases in which this chapter and the Vancouver Municipal Code do not clearly identify the appropriate review body. The act of assigning the review body shall be a Type I decision.
B. Hearing requirements. Hearing requirements applicable to the Hearings Examiner and Planning Commission actions (appeals of Type I and II applications and initial review of Type III applications and applicant-initiated Type IV Map Amendment applications).
1. Notice of hearing. Notice of a Type I or II appeal hearing shall be given by the planning official in the following manner (notice of hearing for a Type III application or applicant-initiated Type IV Map Amendment application is governed by Section 20.210.060(E) VMC):
a. At least 10 calendar days prior to the hearing date, notice shall be sent by mail to:
1. The applicant and all owners of the site that is the subject of the application;
2. All parties of record;
3. Any neighborhood or community organization recognized by the City Council and whose boundaries include the site;
4. Any person who has submitted a written request to be notified; and
5. The appellant and all parties to the appeal.
b. The planning official shall cause an affidavit of mailing of notice to be prepared and made a part of the file, which demonstrates the date that the required notice was mailed to the necessary parties.
c. At least 10 calendar days prior to the hearing, notice of the hearing shall be given in a newspaper of general circulation in the city. An affidavit of publication concerning such notice shall be made part of the administrative record.
d. At least 10 calendar days prior to the hearing, notice of the hearing shall be posted on the site, pursuant to subsection (2) below. An affidavit of posting concerning such notice shall be prepared and shall be submitted and made part of the administrative record.
2. Content of notice. Notice of a Type I or II appeal hearing shall contain the following information:
a. Explain the nature of the appeal.
b. List the applicable criteria that apply to the appeal issues.
c. Set forth the street address or other easily understood geographical reference to the subject property.
d. State the date, time, and location of the hearing.
e. State that the failure to raise an issue at the hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue may preclude further appeal based on that issue.
f. Include the name of a city representative to contact and the telephone number where additional information may be obtained.
g. State that a copy of the appeal and all documents and evidence submitted by or on behalf of the appellant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost.
h. State that a copy of the staff report shall be available for inspection at least 10 calendar days prior to the hearing, and that a copy shall be provided at a reasonable cost.
i. Include a general explanation of the requirements for submission of testimony and the procedure for conducting hearings.
3. Staff report issuance. At least 10 calendar days before the date of the hearing for a Type III application, an applicant-initiated Type IV Map Amendment application or Type I or II appeal hearing, the planning official shall issue a written staff report and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation without charge to the applicant and applicant’s representative. The planning official shall mail or provide a copy of the staff report at reasonable charge to other parties who request it. If the planning official does not issue the staff report at least 10 days before the date of the hearing, the applicant or appellant shall be entitled to ask for a continuance without penalty.
4. Conduct of the hearing. At the commencement of the hearing, a statement shall be made to those in attendance that:
a. The Hearings Examiner or chair of the Planning Commission, as the case may be, shall:
1. State that testimony and evidence shall be directed toward the relevant criteria described in the staff report or other criteria in the plan or land use regulation that the person testifying believes to apply to the decision;
2. State that failure to raise an issue at the hearing may limit the issues that can be considered at the City Council hearing.
b. Staff shall present a staff report, containing a summary of the proposal or appeal, and recommended findings and conclusions. Conditions of approval for a Type III application may be recommended.
c. The applicant or appellant shall be entitled to present evidence and argument in support of the application(s) or appeal.
d. Any participant may present evidence and argument for or against the proposal or appeal.
e. The applicant or appellant shall have the final opportunity to conclude its case before close of the public hearing.
f. The Hearings Examiner or chair of the Planning Commission shall declare the public hearing closed and may have questions for staff, the applicant/appellant, or any member of the public who testified.
5. Additional evidence. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony regarding the application so long as that evidence and testimony is within the scope of the hearing. The Hearings Examiner or the Planning Commission may grant such a request by continuing the public hearing pursuant to Subsection 5 (a) below or by leaving the record open for additional written evidence or testimony pursuant to Subsection 5(b) below.
a. Continuance. If the Hearings Examiner or the Planning Commission grants a continuance, the hearing shall be continued to a date, time, and place certain at least seven calendar days from the date of the initial evidentiary hearing. Further notification is not required in such cases. Continuation of hearings to time or place uncertain is also permitted, provided that new notice is given pursuant to this chapter. If the applicant initiates a hearing continuance after public notice is mailed, or causes a continuance by providing inadequate information, fees as per Section 20.180 VMC shall apply. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven calendar days to allow the submittal of written evidence or testimony for the purpose of responding to the new written evidence;
b. Record left open. If the Hearings Examiner or Planning Commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven calendar days. The Hearings Examiner or Planning Commission shall state where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the hearing. Any participant may file a written request with the Hearings Examiner or Planning Commission for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the Hearings Examiner or Planning Commission shall reopen the record pursuant to this subsection. Unless waived by the applicant, the Hearings Examiner or Planning Commission shall allow the applicant at least seven calendar days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant’s final submittal shall be considered part of the record, but shall not include any new evidence.
6. Content and custody of the record.
a. The record shall contain all testimony and evidence that is submitted and not rejected;
b. The Hearings Examiner or Planning Commission may take official notice of judicially-cognizable facts pursuant to the applicable law. If the Hearings Examiner or Planning Commission takes official notice, the Hearings Examiner or Planning Commission must announce this intention and allow the parties to the hearing to present evidence concerning the fact;
c. The Hearings Examiner or Planning Commission shall retain custody of the record as appropriate, until a final decision is rendered.
7. Impartiality. Parties to a Type III application or applicant-initiated Type IV Map Amendment hearing and Type I or II appeal hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials. Therefore:
a. The Hearings Examiner or any member of the Planning Commission shall disclose the substance of any pre-hearing ex parte contacts (excluding de minimis contacts) with regard to the matter at the commencement of the public hearing on the matter. The Hearings Examiner or member of the Planning Commission shall state whether the contact has impaired the impartiality or ability of the examiner to decide, or the Planning Commission member to vote on, the matter and shall participate or abstain accordingly;
b. The Hearings Examiner or member of the Planning Commission shall not participate in any proceeding or action in which any of the following has a direct financial interest excluding de minimis interests: The Hearings Examiner or member of the Planning Commission or said person’s spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed by the Hearings Examiner or member of the Planning Commission at the hearing where the action is being taken;
c. In cases involving the disqualification or refusal of a Hearings Examiner, the city shall provide a substitute Hearings Examiner in a timely manner subject to the above impartiality rules. In cases involving the disqualification or refusal of a member of a Planning Commission, the remaining members of the Planning Commission shall hear the case.
8. Ex parte communications.
a. The Hearings Examiner or member of the Planning Commission shall not:
1. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to participate.
2. Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case.
b. No decision or action of the Hearings Examiner or Planning Commission shall be invalid due to ex parte contacts or bias resulting from ex parte contacts with the Hearings Examiner or member of the Planning Commission if the Hearings Examiner or member of the Planning Commission:
1. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and
2. Makes a public announcement of the content of the communication and of the parties’ right to rebut the substance of the communication made at the first hearing following the communication where action shall be considered or taken on the subject to which the communication is related.
c. Communication between city staff and the Hearings Examiner or Planning Commission as part of a Type III application or an applicant-initiated Type IV-Map Amendment application or appeal of a Type I or II appeal hearing shall not be considered ex-parte contact.
9. Presenting and receiving evidence.
a. The Hearings Examiner or Planning Commission may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony;
b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, but only pursuant to the schedule and procedure announced by the Hearings Examiner or chair of the Planning Commission prior to the close of the public hearing, or as otherwise provided by this section;
c. The Hearings Examiner or members of the Planning Commission may visit the site and the surrounding area, and may use information obtained during the site visit to support his or her decision, provided the information relied upon is disclosed at the hearing and that an opportunity is provided to rebut such evidence. In the alternative, a site visit may be conducted by the Hearings Examiner or the Planning Commission for the purpose of familiarizing the reviewing body with the site and the surrounding area, but not for the purpose of independently gathering evidence. In such a case, at the commencement of the hearing, the Hearings Examiner or members of the Planning Commission shall disclose the circumstances of the site visit and shall provide the parties with an opportunity to question the Hearings Examiner or members of the Planning Commission concerning the site visit.
10. The decision process.
a. Basis for decision. Approval, conditional approval or denial of a Type III application, an applicant-initiated Type IV Map Amendment application or a Type I or II appeal shall be based on standards and criteria, which shall be set forth in the Vancouver Municipal Code or in uncodified ordinances.
b. Final Decision. The Hearings Examiner or Planning Commission shall issue a final order containing the following information:
1. The nature of the application or appeal in sufficient detail to apprise persons entitled to notice of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;
3. If the actual decision is not mailed, a statement of where the Final Decision can be obtained;
4. The date the decision shall become final, unless appealed.
5. A statement that all persons entitled to notice or who have standing under Section 20.210.130(B)(2) VMC may appeal the decision;
6. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;
7. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the city representative to contact about reviewing the case file;
8. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
9. A statement of the facts demonstrating how the application or appeal does or does not comply with applicable approval criteria;
10. The reasons for a conclusion to approve, deny or condition the application or appeal;
11. The decision to approve or deny the application or appeal, and if approved, conditions of approval necessary to ensure the proposed development will comply with the applicable law;
12. The date the Final Decision is mailed; and
13. Copies of the mailing labels showing the persons who were mailed the Notice of Decision.
14. A statement regarding any procedural issues decided in the case, with the reasons to approve or deny said procedural request, if any.
c. Decision-making time limits. A Final Decision for any Type III application, applicant-initiated Type IV Map Amendment application, or Type I or II appeal decisions shall be filed with the planning official within 14 calendar days after the close of the record.
11. Distribution of Final Decision. A Final Decision on a Type III application or, applicant-initiated Type IV Map Amendment application, or Type I or II appeal decision shall be mailed, to the following persons:
a. The applicant and/or appellant;
b. The owner(s) of the property included in the subject application or appeal;
c. Any city-recognized neighborhood group whose boundaries include the site;
d. Anyone who requested in writing a notification of the decision on a particular matter.
e. The planning official shall cause an affidavit of mailing of such Final Decision to be prepared and made a part of the file, which indicates the date the notice was mailed and demonstrates that the required notice was mailed to the necessary parties in a timely manner.
12. Contents of Notice of Decision. A Notice of Decision shall include the information contained in Section 20.210.120(B)(10)(b)(1)-(12) VMC.
13. Distribution of the Notice of Decision. A Notice of Decision of a Type III application, applicant-initiated Type IV Map Amendment application, or Type I or II appeal decision shall be mailed on the same day as the Final Decision to the following persons:
a. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city that includes provision for such notice or which is otherwise entitled to such notice;
b. Anyone who provided oral or written testimony entered into the record at the public hearing.
14. Final Decision and effective date. A Hearings Examiner or Planning Commission decision is final for purposes of appeal when the Final Decision and Notice of Decision is mailed. Such decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of Section 20.210.130 VMC shall apply.
C. Hearing requirements applicable to City Council hearings.
1. Unless otherwise provided in the rules of procedure adopted by the City Council, for both closed-record hearings and open-record hearings:
a. The Mayor or Mayor pro tem shall have the authority to:
1. Regulate the course, sequence, and decorum of the hearing;
2. Dispose of procedural requirements or similar matters; and
3. Impose reasonable time limits for oral presentations.
b. No person shall address the council without:
1. Receiving recognition from the Mayor or Mayor pro tem; and
2. Stating their full name and residence address.
3. Disruptive conduct such as audience demonstrations in the form of applause, cheering or display of signs may be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing or other appropriate action determined by the Mayor or Mayor pro tem.
2. Unless otherwise provided in the rules of procedures adopted by the City Council, the Mayor or Mayor Pro Tem shall conduct the hearing as follows:
a. The hearing shall be opened by a statement from the Mayor and/or City Attorney setting forth the nature of the matter before the body, a general summary of the procedures applicable to the hearing, and a summary of the standards for decision-making;
b. A presentation of the staff report shall be given;
c. For open-record hearings, the public shall be invited to testify;
d. For open-record hearings, the public hearing may be continued to allow additional testimony or it may be closed; and
e. The City Council’s deliberation may include questions to the staff, comments from the staff, or inquiries directed to any person present. (Ord. M-3931 § 3, 11/02/2009; Ord. M-3922 § 10, 07/06/2009; Ord. M-3840 § 8, 08/06/2007; Ord. M-3701 § 6, 05/04/2005; Ord. M-3643, 01/26/2004)
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A. Appeal submittal. Any party with standing under Section 20.210.130(B) VMC may submit a written appeal of any Type I, II or III decision to the planning official containing the following items listed below. The appeal must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until the city reaches a final decision on the appeal, except as provided for by 20.210.040G VMC.
1. The case number designated by the city and the name of the applicant;
2. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative for all contact with the planning official. All contact with the planning official regarding the appeal, including notice, shall be with the contact representative;
3. The specific aspect(s) of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law;
4. A statement demonstrating that the specific issues raised on appeal were raised during the period in which the record was open;
5. The appeal fee as per Chapter 20.180 VMC, Fees. The fee shall be refunded if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date.
B. Standing to appeal.
1. Type I decision. Only the applicant and property owner have standing to appeal a Type I decision, unless otherwise specified in this title.
2. Type II decision. The following parties have standing to appeal a Type II decision:
a. The applicant or owner of the subject property;
b. Any party eligible for written notice of a pending Type II administrative decision.
c. Any other party who demonstrates that they participated in the decision process through the submission of written testimony.
3. Type III decision. The following parties have standing to appeal a Type III decision:
a. The applicant or owner of the subject property;
b. Any party who testified verbally or in writing at the public hearing;
c. Any other party, who demonstrates that they participated in the decision process through the submission of written testimony;
d. Any party who provides a written request for a copy of the notice of decision; and
e. City staff.
4. Type IV Map Amendment Decision. The following parties have standing to appeal a Type IV Map Amendment decision:
a. The applicant or owner of the subject property;
b. Any party who testified verbally or in writing at the public hearing;
c. Any other party, who demonstrates that they participated in the decision process through the submission of written testimony;
d. Any party that provides a written request for a copy of the notice of decision; and
e. City staff.
C. Appeal review process.
1. All complete appeals submitted which are eligible as specified in this chapter shall be scheduled for review at a public hearing such that a final decision can be rendered within 60 calendar days for closed-record appeals, and within 90 calendar days for open-record appeals. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the planning official. If a final decision is not reached within this time, the planning official shall so notify the appellant and shall provide a reason for the delay and an estimated date of final decision issuance.
2. Notice of the appeal hearing shall be mailed to all parties listed in Section 20.210.120(B)(11) and (13) VMC.
3. Appeal hearings shall be open or closed record as indicated in Table 20.210.130 -1 below.
a. An open-record appeal hearing before the Hearings Examiner shall be conducted according to the procedures set forth in Section 20.210.120-B VMC.
b. A closed-record appeal hearing before the City Council shall be limited to argument from the appellant, the applicant and city staff, and deliberation by the City Council. Argument and deliberation shall be limited to the record established at the original open-record hearing. The record shall consist of testimony and deliberation at the original hearing as recorded by an audio/visual tape or transcript certified as accurate and complete, any other materials submitted into the record, and the final order being appealed.
c. Hearing rules shall otherwise be as specified by the review body.
d. Notice of appeal decisions shall be mailed to all parties listed under Section 20.210.130(C)(2) VMC.
4. See Section 20.285 VMC for additional rules applicable to appeals for Type IV decisions.
Table 20.210.130-1. Appeal Bodies
Land Use Action | Review Authority if Appealed, and Open (O) or Closed (C) Record Hearing |
|---|---|
Type I Applications | Hearings Examiner (O); Further appeal to Superior Court |
Type II Applications | Hearings Examiner (O); Further appeal to Superior Court |
Type III Applications | City Council (C); Further appeal to Superior Court |
Type IV Applications | Superior Court |
D. Subsequent appeals.
1. Appeal decisions by any review body may be subsequently appealed to Superior Court within 21 calendar days after the date of decision, subject to compliance with appeal eligibility and notice provisions as specified by Chapter 36.70C RCW.
2. Appeal decisions by the Hearings Examiner or City Council on shoreline substantial development permits, shoreline variance permits, and shoreline conditional use permits may be subsequently appealed to the State Shoreline Hearings Board pursuant to applicable law. (Ord. M-3931 § 4, 11/02/2009; Ord. M-3922 § 11, 07/06/2009; Ord. M-3643, 01/26/2004)
A. Applicability.
1. Except for recorded short subdivision and subdivision plats, planned developments and public facility master plans, post-decision procedures may modify the development without necessarily subjecting the change to the same procedure as the original application. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits or laws.
2. At any time, a party to a final decision made under this chapter or their successor in interest may file with the planning official an application for post-decision review of a Type I, II or III decision, describing the nature of the proposed change to the decision and the basis for that change, including the applicable facts and law, together with the fee prescribed for that application, as provided in Chapter 20.180 VMC, Fees.
3. An application for post-decision review is not subject to pre-application review. It is subject to counter-complete and fully-complete determinations; provided, that the planning official shall not require an application for post-decision review to contain information that is not relevant and necessary to address the requested change or the facts and law on which it is based.
4. As part of a determination of completeness of an application for post-decision review of a Type I, II or III decision, the planning official shall classify the application as a Type I, II or III procedure and advise the applicant in writing of that classification. In addition, all Parties of Record from the original decision shall also be notified of the decision in writing. The classifications in the table are recommended, but the classification of each post-decision review shall be based on the circumstances of that decision and the guidelines in subsection (B) of this section. The decision classifying the application shall be subject to appeal as part of the decision on the merits of the post-decision review.
5. Post-decision review cannot substantially change the nature of development proposed pursuant to a given decision. As part of a determination of completeness of an application for post-decision review of a Type I, II or III decision, the planning official may issue a decision that the proposed change in a decision should not be subject to post-decision review; it should be subject to a new application on the merits of the request. That decision may be appealed to the Hearings Examiner pursuant to Section 20.210.130 VMC.
6. An application for post-decision review does not extend the deadline for filing an appeal of the decision being reviewed and does not stay appeal proceedings.
7. Post-decision review can only be conducted in regard to a decision that approves or conditionally approves an application. An application that is denied is not eligible for post-decision review.
B. Exceptions. The provisions in this section do not apply to the following:
1. Recorded subdivision plats. See Section 20.320.080(D) VMC.
2. Planned developments. See Section 20.260.030(B)(3).
3. Public facility master plans. See Section 20.260.040(C).
C. Classification of post-decision review.
1. An application for post-decision review of a Type I decision shall be subject to a Type I review procedure.
2. An application for post-decision review of a Type II decision shall be subject to a Type I review procedure if the review authority finds the requested change in the decision:
a. Does not increase the potential adverse impact of the development authorized by the decision; and
b. Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and
c. Does not involve an issue of broad public interest, based on the record of the decision; and
d. Does not require additional SEPA review.
3. An application for post-decision review of a Type II decision shall be subject to a Type II review procedure if it is not subject to Type I review.
4. An application for post-decision review of a Type III decision shall be subject to a Type I review procedure if the review authority finds the requested change in the decision:
a. Reduces the potential adverse impact of the development authorized by the decision; and
b. Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and
c. Does not involve an issue of broad public interest, based on the record of the decision.
5. An application for post-decision review of a Type III decision shall be subject to a Type II review procedure if the review authority finds the requested change in the decision:
a. Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination; and
b. Is needed to address a minor change in the facts or the law, including a permit to which the development is subject; and
c. Does not involve an issue of broad public interest, based on the record of the decision.
6. An application for post-decision review of a Type III decision shall be subject to a Type III review procedure if it is not subject to a Type I or II procedure.
7. When a post-decision request for a change involves a condition of approval that was imposed in the original decision to address a specific potential impact of the proposed development, then that condition of approval can be changed only using the same type process as the original decision.
D. Modification. Modification of a decision other than by a timely appeal or post-decision review shall be accomplished by means of new application; provided, that a new application cannot be filed within one calendar year after the date of a decision denying a substantially similar application, unless such earlier decision provided otherwise.
E. Vesting. Applications which qualify for post decision review shall remain vested to the laws in place at the time of the original application vested. (Ord. M-3643, 01/26/2004)
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A. Establishment. Pursuant to Article XI, Section 11 of the Washington State Constitution and Section 8.01 of the City Charter, a Vancouver planning commission shall be established and maintained consisting of seven residents of the city or Vancouver Urban Growth Area to be appointed by the mayor with the approval of the city council.
B. Representative membership. In selecting members for appointment to the planning commission, the mayor and city council shall seek to provide representation to a wide variety of neighborhoods, businesses and other interests concerned with the land use, development and quality of life in Vancouver. No more than one member of the planning commission may represent the unincorporated urban growth area intended to annex and develop as a part of the city of Vancouver.
C. Authority and responsibilities.
1. The planning commission shall have such powers and perform such duties as are prescribed by Chapter 35.63 RCW, other applicable state law, and the city code. The planning commission shall review and make recommendations to city council on planned developments greater than 25 acres in size, amendments to the comprehensive land use plan, amendments to the zoning map of 25 acres or greater in size, and implementing standards and regulations that are generally legislative in nature.
2. The planning commission is specifically responsible for the following:
a. Formal review of actions listed under Chapters 20.210 and 20.285 VMC, and review of SEPA appeals filed pursuant to such actions.
b. Informal or advisory review of studies, analysis or reports related to land use matters as directed by city council.
c. Other duties related to land use matters as directed by city council, provided they are not inconsistent with state law.
D. Terms. Except as provided in this section, the term of office for each member shall be four years, running from January 1st to December 31st. No member may serve more than three consecutive terms. Any vacancy that is not a result of the expiration of a term shall be filled for the unexpired term. Members may be removed by the mayor with the concurrence of city council, for misconduct or neglect of duties or for three consecutive unexcused absences.
E. Organization.
1. In December of each year, the planning commission shall elect a chair, vice-chair and such other officers as the planning commission determines it requires. The term of office for each officer shall run until the subsequent election; provided, that vacancies caused by resignation or removal shall be filled for the remaining term of office.
2. The planning commission shall adopt rules for the transaction of its business.
3. The planning commission may appoint standing or special committees to which it may assign specific responsibilities, provided that such committee(s) shall make no recommendations except to the planning commission.
F. Meetings. The planning commission shall establish regular monthly or twice-monthly meetings dates pursuant to Chapter 42.30 RCW; provided, that, if no matters are pending, a regular meeting may be canceled. Special meetings of the planning commission may be called pursuant to the provisions of state law.
G. Actions. All actions of the planning commission shall be determined by a majority vote in a meeting at which a quorum is present. A majority of total appointed membership of the planning commission shall constitute a quorum. (Ord. M-3931 § 5, 11/02/2009; Ord. M-3840 § 9, 08/06/2007; Ord. M-3691 § 1, 02/28/2005)
This title utilizes a Hearings Examiner, as created and authorized in VMC Chapter 2.51. (Ord. M-3643, 01/26/2004)
A. Role of City Council. The role of the City Council in carrying out the provisions of Title 20 VMC is to:
1. Render final decisions on all planned developments, final subdivision plats, and text and map amendments;
2. Adopt new comprehensive land use plans, subarea plans, planned actions and area-wide rezoning;
3. Render decisions on annexations under Chapter 20.220 VMC;
4. Render decisions on development agreements; and
5. Hear and decide appeals of certain land use decisions as set forth in Chapter 20.210 VMC.
B. Additional authority. The City Council shall have the authority to adopt any other land use related plans and ordinances authorized by law. (Ord. M-3643, 01/26/2004)
A. Authority. The city of Vancouver is established as a “certified local government” as determined by state and federal historic preservation standards. The standards require a commission to serve as the review authority on matters of historic preservation. The Clark County historic preservation commission, as provided in Clark County Code, Section 40.250.030, shall serve as the review authority on matters of historic preservation as outlined in subsection D of this section for properties within the city of Vancouver.
B. Composition of the Commission.
1. The Clark County historic preservation commission shall consist of seven members. Five members of the commission shall be appointed by the Clark County council and shall be residents of the county and two members of the commission shall be appointed by the Vancouver city council and shall be residents of the city except as provided for in subsection (B)(2) of this section.
2. The Vancouver city council and the Clark County council shall coordinate to ensure that the commission includes at least two professionals who have experience in identifying, evaluating and protecting historic and cultural resources and are selected from among the disciplines of history, public history, architecture, architectural history, historic preservation, planning, cultural anthropology, cultural geography, American studies or the practice of historic rehabilitation or restoration. The commission may take action even if there is a temporary vacancy in one or all of the professional positions. An exception to the residency requirement of the commission members may be granted by the Vancouver city council for the commission members appointed by the city council in order to obtain representatives from these disciplines.
C. Terms. The terms shall be for three years. Membership on the commission shall be limited to two full consecutive three-year terms. Reappointment after two consecutive terms may be made after at least a one-year absence. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term. Members may be removed by the city or county councils for inefficiency, neglect of duty or malfeasance in office.
D. Powers and Duties. The major responsibilities of the commission are to identify and actively encourage the conservation of the city and county’s historic and cultural resources by initiating and maintaining a register of historic places and reviewing proposed changes to register property(ies); to raise community awareness of the county’s historic and cultural resources; and to serve as the county’s primary resource in matters of historic preservation. In carrying out these responsibilities, the commission shall engage in the following activities:
1. Conduct and maintain a comprehensive inventory of historic and cultural resources within the boundaries of the city of Vancouver to be included in the Clark County cultural resources inventory; publicize, and periodically update, inventory results;
2. Maintain the Clark County heritage register (CCHR). This official register shall be comprised of buildings, structures, sites, objects and districts identified by the commission as having historic significance worthy of recognition by the county and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties;
3. Review nominations to the Clark County heritage register according to criteria in VMC 17.39.060 and 17.39.070 and adopt standards in its rules and procedures to be used to guide this review;
4. Review proposals to construct, change, alter, modify, remodel, move, demolish or significantly affect properties or districts on the Clark County heritage register as provided in VMC 17.39.080; and adopt standards in its rules and procedures to guide this review and the issuances of a certificate of appropriateness or waiver;
5. Provide advisory review for structures located in the city’s heritage overlay districts per Chapter 20.510 VMC;
6. Submit nominations to the Washington State Heritage Register and National Register of Historic Places;
7. Review nominations to the National Register of Historic Places and provide recommendations to the applicable agency;
8. Provide for comment by the commission on all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic or cultural resources or adjacent property(ies) upon staff request;
9. Provide information, comment, and support to the public and agencies on matters related to historic preservation;
10. Encourage recognition of noteworthy efforts in the rehabilitation or maintenance of historic buildings, structures, sites, and districts, and new construction in historic areas;
11. Serve as the local review board for special valuation pursuant to Chapter 84.26 RCW;
12. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation.
E. Rules and Officers.
1. The commission shall establish and adopt its rules and procedures not inconsistent with this chapter.
2. The commission shall select from among its membership a chair and vice-chair to conduct the commission’s business.
3. All official actions of the commission shall require a majority vote of the members present. No member shall be eligible to vote upon a matter unless that member attended the hearing.
F. Commission Staff. Staffing for the commission shall be provided by the Clark County community planning department and the city of Vancouver.
G. Interlocal Agreement Required. An interlocal agreement shall be established between the city of Vancouver and Clark County implementing the provisions of this chapter.
H. City Review Staff. City staff with knowledge of the local resources and the designation and review processes will prepare staff reports and recommendations, and will attend commission work sessions and public hearings concerning properties within the Vancouver urban area.
I. Appeals. Appeals of decisions rendered by the Clark County historic preservation commission pertaining to property(ies) within the city of Vancouver shall be heard by the Vancouver city council.
J. Education Services. The city shall provide heritage education services, including but not limited to public workshops, lectures, seminars and educational materials and professional education for commissioners and staff, for both the city of Vancouver and Clark County as agreed to in the interlocal agreement. (Ord. M-4297 § 2, 2020; Ord. M-3643, 2004)
Purpose. The purpose of this chapter is to provide a summary of all land use permits in this title in alphabetical order to provide the user information about procedure type and approval criteria. (Ord. M-3643, 01/26/2004)
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Summary. A summary of permits is provided in Table 20.225.020-1 below. All references refer to chapters and sections with the Vancouver Municipal Code (VMC).
Table 20.225.020-1. SUMMARY OF LAND USE PERMITS AND RELATED ACTIONS
KEY
Type I: Ministerial permits
Type II: Quasi-judicial permits/Planning Official (PO) decision
Type III/HE: Quasi-judicial permits/Hearings Examiner (HE) decision
Type III/PC: Quasi-judicial permits/Planning Commission (PC) decision
Type IV: Legislative
PERMIT/ACTION | PROCEDURE | PROCEDURAL | APPROVAL | OTHER |
|---|---|---|---|---|
Adult Entertainment siting | II | ---- | ||
Annexation | IV | ---- | ||
Binding Site Plan | II | 20.330.020(B) | ---- | |
Boundary Adjustments | I | ---- | ||
Conditional Use | ||||
-Initial | III/HE | ---- | ||
-Major Modification | III/HE | ---- | ||
-Minor Modification | I | ---- | ||
Critical Areas Permit | ||||
-Statement of Exemption | I | |||
-Fish and Wildlife Habitat Conservation Areas | I, or same as development | |||
-Frequently Flooded Areas | I, or same as development | |||
-Geological Hazards | I, or same as development | |||
-Wetlands | I, or same as development | |||
-Minor Exceptions | II | |||
-Reasonable Use Exceptions | III/HE | |||
Design Review | ||||
Site Plan Required | I/II | 20.210.040, – .050 | 20.265 | |
-Exempt from Site Plan Review | I | |||
Development Agreements | ||||
-Concurrent w/ application | Same as development | Same as development | 20.250 | If applicable, 20.790 |
-Not concurrent w/ application | City Council | 20.250 | If applicable, 20.790 | |
Escrow Agreements | I | 20.909.020 (C) | ---- | |
Essential Public Facilities | III/HE | 20.245 | ||
Manufactured Home Developments | III/HE Conditional Use | 20.245 | ||
Mixed Use Master Plan | ||||
-Initial concept plan 25 acres or less | III/HE | |||
-Initial concept plan greater than 25 acres | III/PC | |||
-Modification -Approved Concept Plan -Approved Detailed Plan | I, II, III/HE I, II, III/HE | 20.210.040, -.050, - .060 | 20.250.030(B) 20.250.030(B) | |
Nonconforming Status Confirmation | I | ---- | ||
Parking and Loading | ||||
-Reductions in minimum ratios | I | 20.945.070(F) | ---- | |
-Joint Parking | I | 20.945.030 (B) | ----- | |
Planned Developments | ||||
-Initial Concept Plan, greater than 25 acres | IV/PC | ---- | ||
-Initial Concept Plan, 25 acres or less | IV/HE | ---- | ||
-Detailed Plan(s) | II | 20.260.050(D) | ---- | |
-Modification -Approved Concept Plan -Approved Detailed Plan | I, II, III/PC I, II, III/PC | 20.210.040, -.050, -.060 | 20.260.030(B3) 20.260.030(B3) | ---- |
Public Facility Master Plans | ||||
-Initial approval | III/HE | 20.268.040(A) | ---- | |
-Subsequent approval -Detailed Master Plan - Concept Master Plan - Hybrid Master Plan | I II | 20.268.050(A) | ---- ---- ---- | |
-Modification -Detailed/Hybrid Master Plan -Concept Master Plan | I, II, III/HE II, III/HE | 20.210.040, -.050, -.060 20.210.040, -.050 | 20.268.050(A) 20.268.050(A) | ----- ----- |
Signs | I | 20.960 | ||
Site Plan Review | ||||
-New development or redevelopment | I/II | ---- | ||
-Modifications not exceeding thresholds for Type II review at 20.270.020(B)(4) | I | ---- | ||
- Modifications exceeding thresholds for Type II review at 20.270.020(B)(4) | II | |||
-Extension | I | 20.270.030(D) | ---- | |
-Phasing Plan approval | I | 20.270.030(E) | ---- | |
Subdivisions | ||||
-Short Subdivisions | II | ---- | ||
-Subdivisions | III/HE | ---- | ||
-Phasing plan approval | I | 20.320.020(C) | ---- | |
-Extensions | ||||
-One-year | I | ---- | ||
-Two-year | II | 20.320.020(D) | ---- | |
Temporary Uses | ||||
-Seasonal or special events | I | 20.885.050(A) | ---- | |
-Unforeseen emergency situations | I | 20.885.050(B) | ---- | |
-Temporary sales office/model home | I | 20.885.050(C) | ---- | |
-Temporary building in C and I districts | I | 20.885.050(D) | ---- | |
-Extension | I | ---- | ||
-For temporary sales/model home | I | ---- | ||
Text/Map Amendments | ||||
-Legislative | IV | ---- | ||
Tree Removal Permit (On-site) | ||||
-Tree Plan w/Site Plan Review | II | ---- | ||
-Tree Plan w/o Site Plan Review | I | ---- | ||
Variances | ||||
-Type I | I | 20.290.040(A) | ---- | |
-Type II | II | 20.290.040(B) | ---- | |
Wireless Communication Facilities | ||||
-Conditional Uses | II, III/HE | 20.210.050, -.060 | 20.245 | |
-Setback reduction | I | ---- | ||
-Replacement of existing structures | I | ---- |
(Ord. M-3959 § 9, 07/19/2010; Ord. M-3931 § 6, 11/02/2009; Ord. M-3847 § 3, 11/19/2007; Ord. M-3663 § 6, 08/02/2004; Ord. M-3643, 01/26/2004)
Purpose. The purpose of this chapter is to identify the procedures applicable to annexations by the city. (Ord. M-3643, 01/26/2004)
A. Annexations by election method. An annexation request may be initiated by the City Council or by petition of property owners requesting the matter be put to a vote pursuant to Sections 35.13.015 RCW through 35.13.120 RCW, as may be amended or re-codified from time to time.
B. Annexations by petition method. An annexation request may be initiated by petition method pursuant to Sections 35.13.125 RCW through 35.13.170 RCW, as may be amended or recodified from time to time.
C. Boundary review board review. Annexation actions taken under Chapter 35.13 RCW may be subject to review by the Clark County Boundary Review Board under Chapter 36.93 RCW.
D. Other procedures. All procedures of Chapter 35.13 RCW shall apply to annexations by the city. (Ord. M-3643, 01/26/2004)
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A. Assignment of Comprehensive Plan and zoning designations. The city shall convert the County’s Comprehensive Plan map and zoning designations to the city designations that are the most similar. The assignment of these designations shall occur automatically and concurrently with the annexation.
B. Conversion table. Table 20.230.030-1 summarizes the conversion of the County’s plan and zoning designations to city designations that are most similar.
Table 20.230.030-1. Conversion of County Plan and Zone Designations to City Plan and Zone Designations
Clark County Comprehensive Plan Designation | Clark County Zone | City of Vancouver Zone Designation | City of Vancouver Comprehensive Plan Designation |
|---|---|---|---|
Urban Low Density Residential | R1-20 | R-2 or R-61 | Urban Lower Density |
R1-10 | R-4 or R-61 | ||
R1-7.5 | R-6 | ||
R1-6 | R-9 | ||
R1-5 | R-9 | ||
Urban Medium Density Residential | R-12 | R-9 or R-18 1 | Lower Density Residential or Higher Density Residential |
R-18 | R-18 | Urban Higher Density | |
R-22 | R-22 | ||
Urban High Density Residential | R-30 | R-30 | |
R-43 | R-35 | ||
Urban Medium Density Residential | OR-15 | R-18 or OCI 1 | Higher Density Residential or Industrial |
OR-18 | R-18 or OCI 1 | ||
OR-22 | R-22 or OCI 1 | ||
Urban High Density Residential | OR-30 | R-30 or OCI 1 | |
OR-43 | R-35 or OCI 1 | ||
Commercial (C) | NC | CN or CC 1 | Commercial and Mixed Use |
Commercial (C) | CC | CC | |
CC | CC or CG1 | ||
General Commercial (C) | GC | CG | |
Mixed Use | MX | MX | |
Industrial (I) | OC | OCI | Industrial; Low Density; Residential, High Density Residential, Commercial Mixed Use, and Industrial designations are consistent with RGX zone |
Industrial (I) | BP | OCI or IL1 | |
Industrial (I) | IL | IL | |
Heavy Industrial | IH | IH | |
Airport | A | A, IL, IH | |
All Categories – Except Mixed Use | U(niversity) | Any R zone, CC or CG (by CUP only) 1 | Public Facility |
Parks/Open Space P/OS | Parks/WL | Park (P) | Open Space (applicable zone based on Development Code definitions and characteristics of property |
Greenway (GW) | |||
Natural Area (NA) | |||
Surface Mining Overlay | S | SM | Surface Mining Overlay |
Airport Environs Overlay | AE-1, AE-2 | Pick from existing designations & zones based on footnote 1 below | |
Historic Preservation Overlay | Site Specific | ||
1Final determination to be based on a comprehensive land use plan meeting the requirements of VMC 20.230.030.C, or written findings that address existing uses, abutting uses, zone purpose, zone location criteria, allowed uses, and identify a zone designation that would allow desired existing uses, approved uses, or in-process development plans to continue as conforming uses.
C. New comprehensive land use plan. The Planning Commission and City Council may prepare a land use plan to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time pursuant to the Type IV procedures contained in Section 20.285.070 VMC. To the extent deemed reasonably necessary by the City to be in the interest of health, safety, morals and the general welfare, the Review Authority may provide, among other things, for:
1. The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or public water frontages; and the subdivision and development of land;
2. The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; and
3. The time interval following an annexation during which the ordinance or resolution adopting any such plan or regulations, or any part thereof must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the City.
D. Objectives of regulations and restrictions. All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. (Ord. M-4354 § 3(C), 2021; Ord. M-3946 § 5, 2010; Ord. M-3911 § 8, 2009; Ord. M-3787 § 2, 2006; Ord. M-3730 § 3, 2005; Ord. M-3643, 2004)
General. In many zones there are uses that may be compatible but because of their size, operating characteristics and/or potential off-site impacts warrant review on a case-by-case basis. The purpose of the conditional use review process is to determine if such a use is appropriate at the proposed location and, if appropriate, to identify any additional conditions of approval necessary to mitigate potentially adverse impacts. (Ord. M-3643, 01/26/2004)
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A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III procedure, using approval criteria contained in Section 20.245.040 VMC and subject to other requirements in this Chapter.
B. Major modification of an approved or existing conditional use.
1. The planning official shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed:
a. A change of any applicable condition of approval;
b. A change in use classification as defined in Chapter 20.160 VMC;
c. A 10 percent increase in dwelling unit density, providing the proposed density does not exceed the maximum density established in the underlying base zoning district;
d. An increase in the approved floor area proposed for nonresidential use by more than 25 percent, except for schools, which shall have a threshold of 50 percent increase in floor area;
e. A change in the operational use deemed to be a possible adverse impact to adjacent properties by the planning official.
2. Upon the planning official determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application to be processed as a Type II application, pursuant to VMC 20.210.050.
C. Minor modification of approved or existing conditional use.
1. Any modification that is not within the description of a major modification as provided in Subsection (B)(2) above shall be considered a minor modification.
2. An applicant shall request approval of a minor modification by means of a Type I procedure, Section 20.210.040 VMC, using approval criteria in Subsection (3) below.
3. A minor modification shall be approved, approved with conditions, or denied following the Planning Official’s review based on the findings that the proposed development is in compliance with all applicable requirements of this Title.
D. Time Limit of Approval.
1. Time Limit. Authorization of a conditional use permit shall be void after five years, unless a building permit has been issued and substantial construction has taken place.
2. Extension. Upon written request by the applicant and payment of the required fee pursuant to Chapter 20.180 VMC, the Planning Official may extend the authorization for a maximum of one year.
E. Concurrent review. An applicant may request other land use reviews, such as a variance or site plan review, at the same time that a request for conditional use approval is submitted. The applications for multiple reviews may be consolidated. The review procedure for consolidated applications shall be that of the application requiring the highest level of review, under Section 20.210.020(D) VMC. (Ord. M-3959 § 11, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Submission requirements. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC, containing the following information:
1. Narrative describing the proposed uses for the site, hours of operation, hours and the frequency of deliveries, and construction schedule.
2. Drawn to scale site plan, legible for digital reproduction, showing accurate representation of the size and shape of the parcel(s), including easements of any kind, all dimensions, and parcel orientation. Include north arrow.
3. Locations, dimensions, and height of all existing and proposed buildings and structures, including garages, carports, decks, patio covers, and other accessory structures. Include dimensions from each other and from all property lines. Show dimensions from each other and from all property lines. Show dimension of eaves projecting beyond a wall or supporting post. Indicate usage of all structures.
4. Location, height, and material of fences, buffers, berms, walls, and other proposed screening. Note the location and dimensions of area of terraces, decks, shelters, and play areas.
5. Lighting plan. This plan shall show all proposed fixtures on site and within rights-of-way. Show all existing above and underground power lines. (This plan will be routed to Clark County PUD by a city workgroup for comments and compliance with standards.)
6. Location and detailed layout of vehicle access, site circulation, off-street parking and loading areas, lighting, landscaping, and buffering as required by Chapter 20.925 VMC. Include handicap parking stalls and disembarking areas, accessible route of travel, proposed ramp, and signage, as required by the most current version of the Washington Administrative Code governing accessibility for disabled persons. Include location and screening for proposed solid waste and recyclables storage areas.
7. Summary table which includes parcel zone, total site area, gross floor area by use (e.g., manufacturing, office, retail, storage), itemized number of full size, compact and handicap parking stalls and the collective total number, total lot coverage proposed, and amount of landscaped area.
8. Certified mailing list. Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and one set of stamped and addressed envelopes and one set of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide one set of stamped and addressed envelopes and one set of mailing labels addressed to “occupant” as can be determined from available county assessor records.
9. Floor plan showing the gross square footage of each structure and outdoor activity area proposed on the site, including existing structures and outdoor activity areas to be retained. Include a description of the proposed uses of each structure or portions of a structure and each outdoor activity area. Include location of aboveground utilities and typical elevation drawings of each structure.
10. Completed SEPA (State Environmental Policy Act) checklist (as required), on city-provided form. Include SEPA processing fee, pursuant to Chapter 20.180 VMC, Fees.
11. Required processing fee for conditional use permit (see Chapter 20.180 VMC).
12. Concurrency letter, addressed to transportation manager, with summary of project with projected traffic impacts and appropriate fee. (See Chapter 20.180 VMC.)
13. Any information deemed necessary to address mitigation for the specific development circumstances. (Ord. M-4496 § 3(B), 2025; Ord. M-4438 § 4(F), 2023; Ord. M-4325 § 3, 2020; Ord. M-4289 § 4, 2019; Ord. M-3663 § 7, 2004; Ord. M-3643, 2004)
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A. Approval standards. The Hearings Examiner shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use;
2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features;
3. All required public facilities have adequate capacity to serve the proposed development;
4. The applicable requirements of the zoning district, and other applicable documents are met except as amended by the conditional use permit or variances requested pursuant to Chapter 20.290 VMC; and
5. Identified impacts on adjacent properties, surrounding uses and public facilities have been adequately mitigated.
B. Conditions of approval. The Hearings Examiner may impose conditions on the approval of a conditional use in addition to or above and beyond those required elsewhere in this Title, which are found necessary to ensure the use is compatible with other uses in the vicinity. These conditions may include, but are not limited to the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring design features which minimize environmental impacts such as noise, vibration, air, pollution, glare, odor and/or dust;
3. Requiring additional setback areas, lot area and/or lot depth or width;
4. Limiting the building height, size or lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points;
6. Requiring street right-of-way to be dedicated and street(s) to be improved;
7. Requiring additional landscaping, screening, drainage and/or surfacing of parking and loading areas;
8. Limiting the number, size, location, height and/or lighting of signs;
9. Limiting or setting standards for the location and/or intensity of outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas;
13. Requiring the construction of pedestrian/bicycle pathways in accordance with the adopted pedestrian/bicycle pathway plan. (Ord. M-3922 § 12, 07/06/2009; Ord. M-3643, 01/26/2004)
The appeal procedures are set forth in Chapter 20.210.130. Parties with standing to appeal per 20.210.130 may appeal a decision of the Hearings Examiner to the City Council. (Ord. M-3643, 01/26/2004)
It shall be unlawful and punishable for any person to violate any condition imposed by a conditional use permit. The Hearings Examiner may revoke any conditional use permit for noncompliance with conditions imposed in the granting of the permit after first holding a public hearing and giving notice of such hearing as provided in Chapter.20.210.120. (Ord. M-3643, 01/26/2004)
In a case where an application is denied by the Hearings Examiner, or denied by the City Council on appeal from the Hearings Examiner, unless specifically stated to be without prejudice, it shall not be eligible to be resubmitted for a period of 1 year from the date of the denial, unless, in the opinion of the Planning Official, new evidence is submitted showing that conditions have changed to an extent that further consideration is warranted. Reconsideration of an application shall be subject to the same fee as a continuance per 20.180 VMC. (Ord. M-3643, 01/26/2004)
A. Property within city limits. The City may enter into a development agreement pursuant to this Chapter 20.250 VMC and Sections 36.70B.170 RCW et seq., with a person having ownership or control of real property within its jurisdiction.
B. Property outside city limits. The City may enter into a development agreement pursuant to this Chapter 20.250 VMC and Sections 36.70B.170 RCW et seq., with a person having ownership or control of real property outside of its boundaries as part of a proposed annexation or service agreement.
C. Nature of City action. The execution of a development agreement in and of itself is an administrative act, as opposed to a quasi-judicial or a legislative act, and is a proper exercise of the City’s police power and contract authority. (Ord. M-3643, 01/26/2004)
A. Contents. Development agreements shall set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with all applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. For the purposes of this Section, “development standards” include, but are not limited to:
1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3. Mitigation measures, development conditions, and other requirements under Chapter 20.790 VMC, SEPA Regulations;
4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping and other development features;
5. Affordable housing;
6. Parks and open space preservation;
7. Phasing;
8. Review procedures and standards for implementing decisions;
9. A build-out or vesting period for applicable standards; and
10. Any other appropriate development requirement or procedure.
B. Unauthorized fees prohibited. Nothing in this Chapter is intended to authorize the City to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of law. (Ord. M-3643, 01/26/2004)
General. Nothing in this Chapter affects the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or any agreement adopted at any time under separate authority, that includes some or all of the development standards provided in Section 20.250.020 VMC. Nothing in this Chapter affects the applicability of any State or Federal law or regulation. (Ord. M-3643, 01/26/2004)
A. General. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period of the project specified in the agreement, and the project may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the development agreement must be consistent with the development agreement. A development agreement shall reference by ordinance or code provision the land use regulations under which the project described in the development agreement is vested.
B. Vesting. Under subsection (A), a development agreement provides an alternative to vesting rights provided for under Section 20.210.110 VMC.
C. Concurrency. A development agreement may reserve capacity in the transportation system for the proposed development’s trip generation and, in such case, the proposed development shall be deemed to have achieved transportation concurrency under the concurrency rules and regulations in effect on the effective date of the development agreement. The term for the concurrency determination shall be set forth in the development agreement.
D. Modifications. The City shall reserve authority in each development agreement to impose new or different regulations only if necessary, and to the extent necessary, to address a serious threat to public health and safety. (Ord. M-3643, 01/26/2004)
A. Agreement not associated with a land use application. If a development agreement is not proposed in conjunction with a Type II, III or IV land use application under Chapter 20.210 VMC, the development agreement shall be presented to City Council at a public hearing for approval by ordinance or resolution pursuant to the public hearing procedures of Section 20.210.120 VMC.
B. Agreement associated with a Type II, III or IV land use application. If a development agreement is proposed in conjunction with a Type II, III or IV land use application under Chapter 20.210 VMC, Decision-Making Procedures, the development agreement shall be presented to City Council at a public hearing for approval by ordinance or resolution, after approval of the Type II or III application or after Planning Commission action on a Type IV application. The review body for the Type II, III or IV application shall not make a final decision on that portion of the application related to the development agreement but shall make a recommendation of approval or denial of the development agreement to City Council. If no appeal is filed on the underlying land use application, the Planning Official shall send written notice of the public hearing at least 10 days prior to City Council consideration of the development agreement to all parties entitled to a Notice of Decision for the applicable application under Section 20.210.050(I) VMC or 20.210.120(B)(11) VMC.
1. Appeal. As an exception to the appeal procedures of Section 20.210.130 VMC, any appeal of a Type II or III application processed together with a development agreement shall be heard by the City Council in conjunction with Council’s consideration of the development agreement. Notice of the appeal hearing shall be sent to all persons entitled to notice of the appeal hearing under Section 20.210.130 VMC.
2. Further appeals. Further appeals after final action by City Council of a Type II or III application processed in conjunction with a development agreement shall be governed by Section 20.210.130(D)(1) VMC. Further appeals, after final action by City Council of a Type IV application processed in conjunction with a development agreement shall be governed by Section 20.210.130(D)(1) VMC. (Ord. M-3643, 01/26/2004)
General. Within 30 days after approval by City Council, the City shall ensure that a development agreement is recorded with the real property records office of Clark County. (Ord. M-3643, 01/26/2004)
A. Purpose. The purpose of this Chapter to provide a process for interpreting and applying the provisions of Title 20 VMC.
B. Responsibility. It shall be the responsibility of the Planning Official to review and resolve any questions regarding the proper interpretation or application of the provisions of Title 20 VMC pursuant to the procedures set forth in this Chapter. The Planning Official’ s decision shall be in keeping with the spirit and intent of this title and of the Comprehensive Plan. The Planning Official’s decision shall be in writing and kept on permanent file. (Ord. M-3643, 01/26/2004)
A. Application. Any person may request in writing the Planning Official’s interpretation of a code provision of Title 20 VMC when it pertains to a specific property or project by means of a Type I application pursuant to Section 20.210.040 VMC. The Planning Official may independently initiate an interpretation of any conflicting or unclear provisions of this Title.
B. Multiple applications. If an application for an interpretation is associated with any land use application(s) subject to Title 20 VMC, then the application for the interpretation may be combined with the associated application(s) and is subject to the highest level of procedure that applies to any of the applications, Section 20.210.020(D) VMC.
C. Codification. To ensure that Planning Official interpretations are applied consistently over time, the Planning Official shall on an annual basis initiate a Type IV text amendment to this Code for the purpose of codifying interpretations pursuant to Chapter 20.210 VMC, Text and Map Amendments. The codified interpretations shall be located in Chapter 20.910 VMC, Exceptions and Interpretations, or in the Chapter of the Code governing the subject matter of the interpretation, whichever may be more appropriate.
D. Appeals. Any official interpretation of the provisions of Title 20 VMC may be appealed by any aggrieved party, pursuant to the appeal procedures set forth in Chapter 20.210.130. (Ord. M-3643, 01/26/2004)
Guiding principles. In interpreting Title 20 VMC, either when an application is filed under this Chapter or when any application is filed under Chapter 20.210 VMC, Decision-Making Procedures, the Planning Official shall adhere to the following rules of construction in interpreting and applying the Code:
A. Meaning. All words used in the Code shall have their normal and customary meaning, unless specifically defined in this Code.
B. Tense. Words used in the present tense include the future tense.
C. Plural. The plural includes the singular and vice versa.
D. Mandatory. The words will and shall are mandatory.
E. Permissive. The word may is permissive.
F. Gender. The masculine gender includes the feminine and vice versa.
G. Context. In determining the meaning of a word as used in the Code, regard shall be made for the context in which the word is used.
H. Specification. General terms which follow specific terms are limited to matters similar to those specified.
I. Exclusion. Express mention of one thing implies exclusion of another.
J. Antecedent. A qualifying phrase refers back both grammatically and legally to the last antecedent.
K. Conjunctions. The word or is not to be construed as and.
L. Superfluous words. No clause or individual words of the Code should be deemed superfluous.
M. Binding case law. Other applicable rules of construction employed by Washington appellate courts in interpreting legislative enactments shall apply. (Ord. M-3643, Added, 01/26/0200)
A. Purpose. Each area of land is, to some degree, unique as to its suitability for and constraints on development. Development standards and procedures imposed under this zoning code cannot foresee all conceivable situations peculiar to the development of every property at every moment, but are designed as standards applicable to most situations. It is the intent of the adjustment to provide flexibility, adaptability, and reasonableness in the application and administration of this Title where special conditions exist and the strict application of the standard or procedure would not serve a public purpose.
B. Planning Official Authority. In the event the strict application of a development standard or procedural requirement of this Title would result in unforeseen consequences or an excessive burden given the nature of the proposed development, the Planning Official is authorized to make a minor adjustment in said standard or procedure, upon making a written finding that no person of average sensibilities would be negatively impacted by such an adjustment, and that said adjustment would be consistent with the spirit and intent of this title and the Comprehensive Plan. No adjustment shall allow a use not otherwise permitted for the subject property, nor shall a minor adjustment be used in place of a variance procedure, where applicable. The Planning Official shall maintain a record of such decisions and associated findings, and periodically forward them to the Planning Commission for their information.
C. Appeal. Any minor adjustment issued pursuant to this Chapter may be appealed by any aggrieved party, pursuant to the appeal procedures set forth in Chapter 20.210.130. (Ord. M-3643, 01/26/2004)
The purposes of the planned development provisions are:
A. Flexibility. Provide a means for creating planned environments in any base zoning district through the application of flexible standards, i.e., zero-lot lines, narrower streets, and other innovative planning practices that will result well-designed, efficient and functional urban environments.
B. Efficiency. Facilitate the efficient use of land.
C. Economic feasibility. Increase economic feasibility by fostering the efficient arrangement of land use, buildings, circulation systems, open space and utilities.
D. Resource preservation. Preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can tailor the type and design of a development to a particular site. (Ord. M-3643, 01/26/2004)
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A. Applicable in all zones. The planned development is a development vehicle that may be used in all base zoning districts except in the Park, Greenway and Natural Area districts.
B. Permitted uses. The following uses shall be allowed in various base zoning districts:
1. Lower-Density Residential Zoning Districts. In the R-2, R-4, R-6 and R-9 zoning districts, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the maximum density provisions of the underlying zone, as contained in Chapter 20.410 VMC, plus 15 percent density bonus per the provisions of VMC 20.260.060(D).
a. The following uses are allowed by right within planned developments:
1. Single-family detached residential units with or without accessory dwelling units.
2. Two or more single-family attached residential units, duplex, triplex, and townhome and other fourplex residential units. Duplexes, triplexes, fourplexes, and townhomes located on the perimeter of the development directly abutting single-family zoning districts shall have a height limit of 35 feet.
3. Accessory uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone including:
(a) Community building with indoor and/or outdoor recreation facilities;
(b) Recreational vehicle storage area;
(c) Consolidated mini-storage;
(d) Consolidated guest parking facilities.
4. Home occupations, subject to development standards in Chapter 20.860 VMC.
5. Child care centers of all types including those with 13 or more children, subject to development standards in Chapter 20.840 VMC.
6. Adult day care.
7. Any other use allowed by right in the base zoning district.
b. A planned development may also include conditional uses as identified on the use tables in the respective base zoning district chapters, provided the applicant pursues a concurrent conditional use review, as governed by 20.245. The following uses also are allowed conditionally within a planned development in the R-2, R-4, R-6, and R-9 districts.
1. Recreation facility, athletic center, fitness club or related facility with indoor and/or outdoor facilities.
2. Retail commercial uses allowed in the CN zone limited to 1,500 gross square feet (gsf) per use to a maximum of 5,000 gsf in planned developments with 150 or more units.
2. Higher-Density Residential Zoning Districts. In the R-18, R-22, R-30, and R-35 zoning districts, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the minimum and maximum density provisions of the underlying zone, as contained in VMC 20.420.040, plus 15 percent per the density bonus provisions of VMC 20.260.060(D).
a. The following uses are permitted by right within planned developments:
1. Single-family detached residential units with or without accessory dwelling units.
2. Two or more single-family attached residential units.
3. Multi-family residential units.
4. Accessory uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone including:
(a) Community building with indoor and/or outdoor recreation facilities;
(b) Recreational vehicle storage area;
(c) Consolidated mini-storage;
(d) Consolidated guest parking facilities.
5. Home occupations, subject to development standards in 20.860 VMC.
6. Child care centers of all types including those with 13 or more children, subject to development standards in 20.840 VMC.
7. Adult day care.
8. Commercial retail uses as permitted in the CN zone limited to 1,500 gsf per use to a maximum of 5,000 gsf.
9. Any other use allowed by right in the base zoning district.
b. A planned development may also include conditional uses as identified in the use tables in the respective base zoning district chapters, provided the applicant applies concurrently for conditional use approval, per 20.245 VMC. The following uses also are allowed conditionally within the medium- and high-density residential zones within a planned development:
1. Recreation facility, athletic center, fitness club or related facility with indoor and/or outdoor facilities.
2. Commercial uses allowed in the CN zone from 5,001 to a maximum of 10,000 gsf.
3. Commercial Zones
a. In all commercial zones, a planned development may contain all of the uses permitted by right in the underlying zone.
b. A planned development may also include conditional uses as identified in the use tables in the respective base zoning district chapters, provided the applicant applies concurrently for conditional use approval, per 20.245 VMC.
4. Industrial Zones
a. In the OCI and IL zoning district, a planned development may contain all of the uses permitted by right in the underlying zone.
b. In the IH zoning district, a planned development shall contain only those uses allowed by right in the underlying zoning district.
c. A planned development may also include conditional uses as identified on the use tables in the respective base zoning district chapters, provided the applicant applies concurrently for conditional use approval, per 20.245 VMC.
C. More than one base zone. When a site contains land that is in more than one zoning district, the allowed and conditional uses at the required minimum and maximum densities, if applicable, shall be proportionate to the land within the development site devoted to each zoning district. The zoning may be shifted around the site provided that the same proportion acreage of each zoning district is retained. The concept and detailed plans shall explicitly illustrate such physical re--configuration of the site and shall be used as the basis for all subsequent land use reviews. (Ord. M-4325 § 3, 2020; Ord. M-4289 § 4, 2019; Ord. M-3840 § 10, 2007; Ord. M-3730 § 4, 2005; Ord. M-3643, 2004)
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A. Elements of approval process. The two elements of the planned development approval process are:
1. Approval of the planned development concept development plan which contains a substantial level of detail for the whole project; and
2. Approval of the detailed site plan(s) to be constructed in one or more phases that provide all of the additional detail not contained in the concept plan.
B. Decision-making process.
1. Initial approval. A new planned development concept plan shall be processed by means of a Type IV review, per 20.210 VMC, using approval criteria contained in 20.260.050 VMC. The Planning Commission shall be the initial review authority for planned developments greater than 25 acres in size and the Hearings Examiner shall be the initial review authority for planned development 25 acres or less in size. The initial reviewer shall issue a recommendation to the City Council. The City Council shall be the final authority for planned developments.
2. Subsequent reviews. The detailed site plan, and phases thereof, shall be reviewed by means of a Site Plan Review under 20.270 VMC, to ensure that it is substantially in compliance with the approved concept development plan, using approval criteria contained in 20.260.050 VMC.
3. Modification of an approved concept plan
a. Type I Review. The following shall be reviewed by means of a Type I review, using procedures contained in Section 20.210.040 VMC, or as part of a subsequent Site Plan Review for a detailed site plan:
1. Modification of the location of an approved building, providing the modification complies with the applicable base zone development and design standards, as modified in the concept plan approval, and all relevant conditions of approval.
2. Removal of building approved in the concept plan approval.
3. A new building of any size in any location that replaces a building approved but not constructed, provided there is no net increase in total building coverage and there is compliance with the applicable base zone design and development standards, as modified in the concept plan approval, and all relevant conditions of approval.
4. New buildings or building additions up to 5,000 gsf not anticipated and, therefore, not contained in the concept plan approval, except in locations within 100 feet of a boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 2,000 gsf, provided the modification complies with the applicable base zone use, design and development standards, as modified in the concept plan approval.
5. Change in residential density by 5% or less, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.
6. Relocation of open space of up to 25% of required total as long as the total amount is not reduced.
7. Reduction or increase of parking by 5% or less.
b. Type II Review. The following shall be reviewed by means of a Type II review, using procedures contained in Section 20.210.050 VMC, or as part of a Site Plan Review for a detailed site plan:
1. New building or building addition exceeding 5,000 gsf but less than 10,000 gsf, not contained in the concept plan approval, except in locations within 100 feet of a boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 5,000 gsf, provided the modification complies with the applicable base zone use, design and development standards, as modified in the concept plan approval.
2. Change in residential density by more than 5% but less than 10%, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.
3. Reduction or increase of parking by at least 5% but no more than 10%.
c. Type III Review. The following shall be reviewed by means of a Type III review using procedures contained in Section 20.210.060 VMC.
1. New building or building additions greater than of 10,000 gsf or more, not anticipated and not contained in the concept plan approval, except within 100 feet of a boundary abutting residentially-zoned property where this review shall be required for new buildings or building additions that exceed 5,000 gsf.
2. Change in residential density by more than 10%, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.
3. Reduction or increase of parking by more than 10%.
4. Decrease in the amount of open space approved in the concept plan.
5. New uses not included in the concept plan approval.
6. A proposed use or development that was denied in the initial master plan approval.
d. Modification of a detailed development plan.
1. Minor modification of a detailed development plan, as defined in Subsection 3(a) above shall be processed as a Type I review, per 20.210.040 VMC.
2. Moderate modification of a detailed development plan, as defined in Subsection 3(b) above shall be processed as a Type II review, per 20.210.050 VMC.
3. Major modification of a detailed development plan, as defined in Subsection 3(c) shall trigger the need for a review of the concept plan as a Type III Action, per 20.210.060 VMC.
C. Concurrent reviews. An applicant may file two or more related requests concurrently. These concurrent reviews will be reviewed by the procedure type of the higher/highest level, that is, if one review is subject to a Type III process and the other a Type II process, both will be subject to a Type III review process. Examples of concurrent reviews include:
1. Concept development and one or more phases of a detailed site plan.
2. Concept development plan and one or more environmental reviews.
3. Concept development plan and land division.
4. Concept development plan and height variance.
5. Concept development plan and one or more conditional use(s).
6. Detailed site plan and modification of an already-approved concept development plan may be reviewed concurrently by means of a Type II or III process, depending upon the nature of the concept plan modification as defined in Section B(3) above.
7. A concept development plan and any combination of the above.
D. Adjustments. Adjustments to numerical development standards in the underlying zoning district shall meet the criteria contained in Section 20.260.050(B) VMC below in lieu of requirements for variances contained in Chapter 20.290 VMC. The exception to this is a request to exceed the maximum height permitted in the underlying zone, which will require a concurrent variance request per 20.290 VMC. (Ord. M-3931 § 7, 11/02/2009; Ord. M-3847 § 4, 11/19/2007; Ord. M-3663 § 8, 08/02/2004; Ord. M-3643, 01/26/2004)
A. Time limit on filing of detailed development plan. Within two years after the date that the conceptual development plan is approved, the applicant shall prepare and file with the Planning Official a detailed development plan to be reviewed pursuant to 20.260.030(B)(1) VMC. In the case of phased development, as governed by Subsection (C) below, this provision shall apply to the first phase of the development.
B. Extension.
1. No less than three months before the expiration of the two-year approval period the applicant may request a one-year extension by means of a Type I process, using procedures contained in Section 20.210.040 VMC, which the Planning Official shall approve upon finding provided that:
a. No changes have been made on the original conceptual development plan as approved by the Commission.
b. The applicant can show intent of applying for detailed development plan review within the one-year extension period, e.g., by providing evidence of an application for financing.
2. No less than three months before the expiration of the first extension, the applicant may request a second one-year extension by means of a Type I process, using procedures contained in 20.210.040 VMC, which the Planning Official shall approve upon finding that:
a. The applicant has pursued submitting the detailed development plan in good faith; and
b. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes that are inconsistent with the approved concept plan.
C. Phased development.
1. The Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for construction of all phases exceed seven years, as measured from the date of approval of the original concept development plan until the date that building permit(s) for the last phase is(are) obtained.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or special district standard. (Ord. M-3643, 01/26/2004)
A. Concept development plan approval criteria. To receive approval for a planned development, the applicant shall demonstrate compliance with all of the following criteria:
1. Content. The concept plan contains all of the components required in Section 20.260.070. Compliance with all applicable standards. The proposed development and uses comply with all applicable standards of the Title, except where adjustments are being approved as part of the concept plan application, pursuant to Section 20.260.030 (D)(2).
2. Architectural and site design. The proposed development demonstrates the use of innovative, aesthetic, energy-efficient and environmentally-friendly architectural and site design.
3. Transportation system capacity. There is either sufficient capacity in the transportation system to safely support the development proposed in all future phases or there will be adequate capacity by the time each phase of development is completed.
4. Availability of public services. There is either sufficient capacity within public services such as water supply, police and fire services, and sanitary waste and storm water disposal, to adequately serve the development proposed in all future phases, or there will be adequate capacity available by the time each phase of development is completed.
5. Protection of designated resources. City-designated resources such as historic landmarks, significant trees and sensitive natural resources are protected in compliance with the standards in this and other Titles of the VMC.
6. Compatibility with adjacent uses. The concept plan contains design, landscaping, parking/traffic management and multi-modal transportation elements that limit conflicts between the planned development and adjacent uses. If zoning districts are shifted per Section 20.260.020(C) VMC, there shall be a demonstration that the reconfiguration of uses is compatible with surrounding uses by means of appropriate setbacks, design features or other techniques.
7. Mitigation of off-site impacts. All potential off-site impacts including litter, noise, shading, glare and traffic, will be identified and mitigated to the extent practicable.
B. Adjustment approval criteria. Adjustments to numerical development standards may be processed as part of the request for concept if the applicant can demonstrate compliance with all of the following approval criteria:
1. The adjustment(s) is warranted given site conditions and/or characteristics of the design.
2. The benefits accruing from the implementation of the adjustment outweigh any potential adverse impacts.
3. Any impacts resulting from the adjustment are mitigated to the extent practical.
C. Conditions of approval. The review authority shall impose any conditions of approval necessary to mitigate potentially adverse impacts on surrounding properties to the greatest extent practicable.
D. Detailed site plan approval criteria. During the site plan review process, the Planning Official shall approve the detailed development plan for one or more phases of the development upon finding that the final plan conforms to the approved conceptual development plan, including all conditions of approval, unless the modification of the concept plan is sought concurrently as described in 20.260.030 (C)(6) VMC. (Ord. M-3643, 01/26/2004)
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A. Minimum development size. There shall be no minimum site size for any type of planned development.
B. Applicability of base zone development standards. The provisions of the base zone are applicable as follows. When the zoning districts within the planned development have been shifted as permitted in Section 20.260.020 (C) VMC, the applicable development standards for the underlying zones shall shift accordingly.
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply.
2. Lot coverage: The site coverage provisions of the base zone shall apply.
3. Setbacks
a. Front and rear yard setbacks for structures at the perimeter of the project shall be the same as required by the base zone except when an adjustment is approved, per Section 20.260.030(D).
b. The side yard setback provisions shall not apply except that all detached structures shall meet the City’ s adopted building code requirements for type of construction.
c. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that any garage facing a street shall be set back a minimum of 18 feet from the front or side street property line.
d. All other provisions of the base zone shall apply except as modified pursuant to this Chapter, except for maximum height for which a variance shall be sought, as governed by Chapter 20.290 VMC.
4. The planning commission or hearings examiner can reduce the minimum lot size requirement for attached and detached single-family residential uses in planned developments.
C. Common open space. In exchange for the approval of higher residential densities, smaller lots and relaxed development standards, the developer of a planned development is required to provide common open space for the active and passive recreational activities of residents, employees and visitors. Such space shall be aggregated and centralized to the development to the fullest extent feasible and shall consist primarily of a combination of landscaped open areas. Unlandscaped natural areas or paved hardscape areas may also be included if they also promote active or passive recreational uses. Features may include plazas, arbors, sitting areas, picnic areas, playing fields and trails.
1. In planned developments, the following requirements shall apply.
a. At least 10% of the gross area of the site must be devoted to such open space. Such space must be fully accessible to the residents, employees, visitors and/or other users of the site. Reduction of this standard in PDs of two acres or more is prohibited. A reduction of this standard in PDs of less than two acres is subject to an adjustment per Section 20.260.030(D) VMC using approval criteria in Section 20.260.050(B) VMC.
b. Fenced yards associated with buildings immediately adjacent to designated open space and landscaping in parking lots shall not count toward the total requirement.
c. Environmentally-constrained land within the planned development, including wetlands, geologically hazardous areas, sensitive wildlife habitats, pursuant to Section 20.740 VMC or native vegetation and healthy soil preservation pursuant to 20.770 VMC or stormwater facilities pursuant to Chapter 14.25 VMC; may be used to meet up to 50% of the total requirement specified in Subsection (a) above, provided that these areas are not fenced and are either accessible to pedestrians to the extent practical or are visually accessible from adjacent and adjoining common open space.
2. The common open space designated to meet this requirement shall be permanently maintained by and conveyed to one of the following:
a. A homeowners’ or property owners’ association as regulated by State law.
b. A public agency that agrees to maintain the common open space and any buildings, structures or improvements placed within it.
3. The applicant may not seek a variance or adjustment to reduce the minimum open space requirement specified in Subsection (2)(a) above.
4. The open space created under this provision is not subject to the Park Impact Fee (PIF) credit unless so authorized by the Vancouver-Clark Parks Department.
D. Residential density.
1. On-site density transfers. An applicant for a planned development may shift allowed residential densities around the site to protect and preserve critical or sensitive areas while providing the overall maximum density permitted by the underlying zoning district.
2. Density bonuses. An applicant for a planned development shall be entitled to an automatic residential density bonus of 15 percent above the maximum density allowed in the underlying base zone on the portions of the site devoted to housing. (Ord. M-4325 § 3, 2020; Ord. M-4289 § 4, 2019; Ord. M-4179 § 68, 2016; Ord. M-3931 § 8, 2009; Ord. M-3840 § 11, 2007; Ord. M-3701 § 7, 2005; Ord. M-3643, 2004)
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A. Existing conditions. An application for a planned development shall contain the following information related to existing conditions on the site, presented in narrative, tabular and/or graphic formats:
1. Vicinity map that identifies surrounding uses within 400 feet of the site boundary.
2. Zoning map that identifies base and overlay zoning designations for the site and surrounding properties uses within 400 feet of the site boundary.
3. Site description including the following information provided in narrative, tabular and/or graphic formats:
a. Topography and natural resources including 100-year flood plain; natural drainage patterns and courses; wetlands, rivers, springs, seeps, closed depression areas, and other water bodies; aquifer and wellhead protection areas; professional survey of existing vegetation and significant stands of trees and individual trees with a caliper greater than 6”; significant fish and wildlife habitat, and professional soils report including hydraulic conductivity, groundwater depths and geological hazards such as steep slopes greater than 15%, unstable, impermeable or weak soils. Exhibit must include a site plan with no greater than five- (5) foot contours for slopes of 0– 10% and no greater than two-(2) feet for slopes greater than 10%.
b. Open space inventory including all natural and landscaped areas.
c. Inventory of cultural, historic and/or archaeological resources on the site, if any.
d. Existing buildings, if any, including use, location, size and date of construction.
e. Existing on-site pedestrian, bicycle and vehicular circulation system, if any.
f. Inventory of existing vehicular and bicycle parking spaces and location of surface and structured parking facilities, if any.
g. Location and size of all public and private utilities on the site including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.
h. Location of all public and private easements.
i. A description of the type, design and characteristics of surrounding properties.
4. Detailed description of the transportation system within and adjacent to the site including:
a. Street classification of all internal and adjacent streets.
b. Transit service availability.
c. Baseline traffic impact study prepared by a licensed engineer to include information as required by the City’s Traffic Engineer.
5. Analysis of existing infrastructure capacity on and in the vicinity of the site.
6. SEPA checklist.
7. Applicable review fees.
B. Planning history. Summary of all previous known land use cases affecting the applicant’ s property and a list of all outstanding conditions of approval that either have not been addressed in the past and/or that remain in force at the time of the application.
C. Proposed development plan.
1. Description of all proposed development within the planned development, presented in narrative, tabular and graphic formats:
a. Underlying zoning district boundaries. If these are shifted around the site as permitted by Section 20.260.020, the existing and proposed configuration of zoning districts shall be illustrated.
b. Description of the mix of uses, including number of units and/or total gross square feet devoted to each, and approximate location on the site.
c. All other site improvements including the approximate size and location of walls, barriers and fences; surface and structured parking facilities; bicycle parking facilities; on-site pedestrian, transit and vehicular circulation; transit stops and pedestrian/transit amenities; and open space and landscaped areas.
d. The conceptual location of new and/or expanded existing public and private infrastructure including water, sanitary sewer, stormwater management facilities; and electrical, telephone and data transmission lines. This includes wireless telecommunications facilities.
2. Phasing plan for implementation of the proposed development.
3. Summary of development intensity at full build-out including average floor area ratio and lot coverage.
4. Summary of transportation facilities including:
a. Traffic impact study prepared by a licensed engineer that describes traffic impacts associated with each phase of development and at full build-out of the project, and a plan for accommodating this traffic in compliance with Title 11. The specific content of the traffic impact study shall be determined by the City’ s Traffic Engineer.
b. Parking impact study describing the parking demand associated with each phase of the development and at full build-out of the project, and a mitigation plan for accommodating parking demand on the site.
c. Concurrent or proposed street vacations, with a description of potential parking and traffic/pedestrian impacts, if any, and appropriated measures to mitigate these impacts.
5. Plan for protecting designated environmental, historic/cultural and open space resources.
6. Design standards that will govern the orientation and design of buildings and other improvements include but are not limited to the following. Applicants for planned developments shall be encouraged to use building techniques and materials that result in projects that architecturally attractive, durable and energy-efficient.
a. Architecture, including design standards and building materials board(s), for buildings, fences, walls and other structures.
b. Landscaping, including design standards and standard plant list. Native plant materials are preferred.
c. Pedestrian circulation, including development standards, amenities and materials.
d. Bicycle parking facilities, including specifications.
e. Signs.
f. Lighting. (Ord. M-4179 § 69, 10/17/2016; Ord. M-3643, 01/26/2004)
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A. Submission requirements. At the time of construction of a project or phase of development that was approved as part of the concept development plan, the applicant shall submit the following documentation demonstrating that the proposed project or phase is in substantial compliance with that contained in the original approval by means of a site plan review, using procedures contained in 20.270 VMC. An application submitted for a detailed development shall include the following:
1. Detailed site plan.
2. Elevations of all buildings.
3. Landscape plan.
4. Erosion control plan.
5. Stormwater management plan including low impact development site analysis determining feasibility of using LID techniques.
6. Narrative documenting the following:
a. Compliance with all development and design standards in the base zone, as modified in the initial concept plan approval.
b. Compliance with all relevant conditions of approval.
c. Consistency with traffic, parking and infrastructure plans contained in the initial concept plan approval. (Ord. M-4179 § 70, 10/17/2016; Ord. M-3643, 01/26/2004)
A. Applicability. A planned development shall be reviewed under this Chapter and the zoning, development and other land use control ordinances contained in Titles 11, 12, 14, and 20 of the Vancouver Municipal Code, and any uncodified ordinances modifying the same, in effect on the date a concept plan application has been deemed fully complete by the City. For the purposes of this section, a vested concept plan application shall mean that the applicant is entitled to implement the planned development or any portion of it described in the application under the zoning, development and land use ordinances applied by the City in its review of the planned development application.
B. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the Planning Official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project and the City while maintaining consistency with the comprehensive plan. Applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances the development remains subject to and will not be significantly detrimental to the health, safety, or general welfare of the City. Planning Official shall review and either approve the request or determine if a new application must be submitted. (Ord. M-3643, 01/26/2004)
A. Applicability. An applicant for a planned development shall be entitled to reserve capacity in the transportation system for the proposed development’s trip generation and shall be deemed to have achieved transportation concurrency, under the concurrency rules and regulations in effect at the time that the concept plan application is vested under 20.260.090 VMC above, if (1) the applicant obtains a certificate of concurrency for all or any portion of its proposed development under Chapter Title 11 VMC, Transportation Concurrency; or (2) the applicant and the City enter into a development agreement as regulated by State statute (36.70B.170 et seq. RCW), which by its terms reserves capacity in the transportation system and includes a finding of transportation concurrency. The term for the concurrency determination shall be set as the term in the certificate of concurrency or the development agreement. (Ord. M-3643, 01/26/2004)
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A. Purpose. The purpose of the design review process is to allow for architectural and design review of new construction and exterior improvements to buildings and developments in the downtown and Vancouver Central Park areas prior to or in conjunction with a formal land use approval. Specifically, this chapter’s purpose is to:
1. Preserve the character and quality of the City’s cultural, historical and architectural heritage.
2. Protect certain public investments and ensure compatibility between public and private developments.
3. Encourage innovation and flexibility in design of new developments while maintaining standards necessary to protect the public interest.
4. Ensure design compatibility between existing and new development.
5. Promote qualities in the built environment that enhance the value of the area to the community.
6. Ensure compliance of development projects with adopted City design guidelines and plans. (Ord. M-3959 § 11, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Location. The provisions of this chapter shall apply to projects located in the downtown area, select areas of the Columbia River waterfront and Vancouver Central Park, as illustrated in Figure 20.265-1.

B. Exemptions. The following activities shall be administratively exempt from design review:
1. Exterior work not visible from the public way;
2. Placement of permanent signs, unless a) located within a designated conservation district; b) are inconsistent with adopted design guidelines, such as pole signs; or c) potentially inconsistent with nearby uses;
3. Public art; and
4. Other minor construction such as replacement of doors, windows, awnings, etc., determined by the Planning Official to be exempt.
C. Types of projects. All projects that involve new construction, modification of the exterior of an existing building or parking lot located within the area defined in Subsection (A) shall be subject to approval by the Planning Official pursuant to this Chapter. (Ord. M-3959 § 13, 07/19/2010; Ord. M-3832 § 4, 06/18/2007; Ord. M-3643, 01/26/2004)
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A.. Application requirements. Any owner or representative intending to construct any new development or building, modify the exterior of any existing building, or make any improvements not exempt by 20.265.020(B) shall submit preliminary plans, sketches, elevations and concepts prior to, or submit final plans at the time of, application for a building permit or preliminary site plan review, as applicable. The Planning Official’s decision regarding approval of the architectural design of the proposed construction shall be based the requirements of this chapter. If the Planning Official identifies design-related issues or impacts resulting from a proposed project, the Planning Official shall inform the applicant in writing so that necessary corrections may be made prior to approval of the preliminary site plan review application, or building permit, if exempt from site plan review.
B. Approval requirements. Approval by Planning Official under Subsection (A) must precede the issuance of a development permit.
C. Coordination with Historic Preservation Commission. Properties that are on the local or national historic register may require review by the Historic Preservation Commission. The following shall apply in these cases:
1. Whenever an application has been made for action by the Clark County Historic Preservation Commission under Chapter 20.510 VMC, Historic Preservation Overlay District, affecting a property or properties within Design Review jurisdiction, the application shall first be reviewed by the Planning Official, whose recommendation shall then be forwarded to the Historic Preservation Commission for their review and approval;
2. The Planning Official shall defer review of matters pertaining to historic features and character to the Historic Preservation Commission;
3. The Planning Official shall attend the Historic Preservation Commission meeting for which the application is scheduled to present a recommendation in regard to project design, and shall then incorporate any decision by the Historic Preservation Commission into the final land use decision or building permit.
D. Appeals. All final decisions of the Planning Official in regard to design review for projects not subject to a Type II site plan review process may be appealed to the City Council by the property owner or his agent only. Appeals of design-related decisions for projects that are subject to a Type II site plan review process shall be consolidated with an appeal of the site plan review decision pursuant to 20.210.130 VMC. (Ord. M-3959 § 14, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Design review criteria. The Planning Official, or the City Council if on appeal, shall base all reviews of the design of any proposed construction, remodeling or development according to the following criteria:
1. The requirements, guidelines, and applicable provisions of this Title that are applicable to the zoning district where the property is located and including all additional zoning regulations which may apply to the use or to its area by provision for overlay district, or made applicable by any conditional use or variance approval;
2. The Downtown Design Guidelines Manual kept on file and available for public inspection at the Community Development Department or VMC 20.640 Vancouver Central Park Plan District, as applicable;
3. The relationship found to exist between existing structures and open space, and between existing structures and other structures in the vicinity, and the expected effect of the proposed construction upon such relationships;
4. The impact of the proposed construction on adjacent uses, including impact of new or revised parking and pedestrian uses; and
5. The protection of neighboring uses from identifiable adverse effects of the design of the proposed construction. (Ord. M-3959 § 15, 07/19/2010; Ord. M-3643, 01/26/2004)
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General. In carrying out the authority and duties assigned by this chapter, the Planning Official shall observe the following limitations:
1. Review by the Planning Official shall be restricted to a prompt, reasonable and professional review of the proposal and plans, leaving full responsibility for design and development to the applicant. Required changes to plans must be made by the applicant, not by staff.
2. Individual initiative and innovation are to be encouraged.
3. Only the applicant’s failure to comply with design review criteria described in Section 20.265.040 VMC shall justify disapproval of a proposal with regard to design matters.
4. Due account shall be taken of cost considerations, but these shall not be overriding.
5. The Planning Official shall take account of state and local legislation on shorelines and environmental protection; of access for the handicapped; and of all local regulations concerning construction, utilities, streets, and related matters. (Ord. M-4034 § 6, 12/03/2012; Ord. M-3959 § 16, 07/19/2010; Ord. M-3643, 01/26/2004)
A. For public facilities. Recognizes the valuable role played by public facilities in serving governmental, medical, educational, cultural and religious needs of the community by facilitating their siting and development over time. Master plan regulations provide the vehicle for large-scale, multi-phased public facilities by obtaining approval of several projects at one time and coordinating future provision of infrastructure capacity.
B. For adjacent property owners and neighborhood associations. Permits local property owners and neighborhood associations to evaluate the cumulative impacts associated with the full build-out of large-scale public facilities and to influence the design and development standards and conditions of operation necessary to minimize these impacts so as to protect the character of the surrounding areas.
C. For the City. Permits the city to ensure a full range of public facilities and services are available throughout the community to meet the governmental, medical, educational, cultural and religious needs of its citizens; to plan the extension of public infrastructure in a timely and efficient manner; and to ensure that the development of public facilities are compatible with community character and values. (Ord. M-3643, 01/26/2004)
A. Detailed master plan. A detailed master plan is one in which the initial and subsequent phases of development are described in substantial detail including the size, location and use of specific buildings; location of pedestrian/vehicular circulation; size and location of parking facilities; projection of existing and future infrastructure capacity and demand; and architectural and landscaping design standards and materials. If change to an approved project or phase is necessary, additional review is required, the extent of which is to be determined by the magnitude of the change. Therefore, the detailed master plan offers substantial certainty but less flexibility.
B. Concept master plan. A concept master plan is one in which the applicant gets initial approval of the concept of development by identifying a series of “building envelopes.” Within each building envelope the range of primary and secondary uses; total gross area of development; total number of vehicular trips and parking space; infrastructure requirements; and other off-site impacts are estimated but without identifying the exact size, location and design of specific buildings. The concept plan also contains overall site design and development standards and architectural/landscaping principles and materials. At the time a specific building or phase is to be constructed, the applicant must request a land use review to provide the specific information not previously available and to ensure that the proposal is in keeping with the initially approved concept. A concept master plan offers substantial flexibility to alter specific buildings up until the time they are constructed while reducing the amount of information needed at the time since a substantial proportion of the development already has been approved. Thus, this option offers substantial flexibility but less certainty.
C. Hybrid master plan. In the hybrid master plan, the applicant provides a detailed master plan of the initial and one or more subsequent phases of development, so as to get approvals for several projects at once, but requests only conceptual approval for later phases, where there currently is inadequate information to project future applicant needs and mitigation measures. This option offers a balance of certainty and flexibility. (Ord. M-3643, 01/26/2004)
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A. Public facilities governed by these regulations.
1. Governmental facilities such as civic centers; libraries; auditoriums; police, fire and other public safety facilities; and water, sewer and storm water treatment facilities.
2. Public transit facilities including train stations and transit centers.
3. Publicly- and privately-owned medical centers.
4. Public and private elementary, middle and high schools.
5. Public and private colleges and universities.
6. Religious institutions.
B. When required. The use of this chapter is voluntary except in the Columbia River Shoreline Enhancement Plan District, where master planning is required. See VMC 20.620.030(A). However, when this chapter is used all provisions of the chapter shall be applied.
C. Type of master plan. Public facilities that employ the provisions in this chapter, whether or not on a mandatory or voluntary basis, may select the type of master plan, as described in Section 20.268.020 VMC above, that best reflects its development needs. (Ord. M-3764 § 4, 10/16/2006; Ord. M-3643, 01/26/2004)
A. Initial approval. The initial approval of all public facilities master plans, regardless of type, shall be reviewed by means of a Type III procedure heard before the Hearings Examiner as contained in Section 20.210.060 VMC using the approval criteria contained in Section 20.268.050 VMC.
B. Subsequent phases. The type of development review required for subsequent phases of a master plan for which initial approval has been obtained depends on the type of master plan selected.
1. Detailed master plan. At the time of construction of a project or phase of development that was approved as part of the initial master plan, the applicant shall submit documentation demonstrating that the proposed project or phase is in substantial compliance with that contained in the original approval at the time the applicant submits the project for a building permit. An application submitted for a public facility master plan shall include the information listed below:
a. Detailed site plan;
b. Elevations of all buildings;
c. Landscape plan;
d. Erosion control plan;
e. Stormwater management plan;
f. Narrative documenting the following. Modification(s) to a project or phase of development shall require further review, dependent upon the extent of the modifications(s) as described in Subsection (C) below, subject to the approval criteria contained in Section 20.268.050 VMC:
1. Compliance with all development and design standards in the base zone, or as modified in the initial master plan approval;
2. Compliance with all conditions of approval; and
3. Consistency with traffic, parking and infrastructure plans contained in the initial master plan approval.
2. Concept master plan. All subsequent projects or phases of development conceptually approved in the initial approval are subject to a Type II review, using the procedures contained in Section 20.210.050 VMC at the time of development. An application submitted for a public facility master plan shall include the information listed below:
a. Detailed site plan;
b. Elevations of all buildings;
c. Landscape plan;
d. Erosion control plan;
e. Stormwater management plan; and
f. Narrative documenting how the project or phase of development complies with the approved concept plan including:
1. Proposed mix of uses; development cap for square footage, floor-to-area ratio (FAR) and lot coverage; design and development standards; and mitigation of off-site impacts;
2. All development and design standards in the base zone, as modified in the initial master approval;
3. All relevant conditions of approval;
4. Approved transportation, parking and infrastructure plans contained in the initial master plan approval.
g. As part of the Type II application, the applicant may introduce any modifications necessary to a specific project or phase of development as specified in Subsections (C)(2) and (C)(3), subject to the approval criteria contained in Section 20.268.050 VMC. Modifications of the intensity contained in Subsection (C)(4) shall require a Type III application per 20.210.060 VMC, subject to the approval criteria contained in Section 20.268.050 VMC.
3. Hybrid master plan. For subsequent projects or phases of development for which detailed approval has been granted as part of the initial master plan approval, the applicant shall use the procedures described in Subsection (B)(1) above. For subsequent projects or phases of development for which conceptual approval has been granted as part of the initial master plan approval, the applicant shall use the procedures described in Subsection (B)(2) above.
C. Modification of approved detailed or hybrid master plans. The type of approval process required to address requested modifications of an approved detailed or detailed phases of a hybrid master plan depends upon the magnitude of the proposed change. Modifications include requests to add, remove or change any aspect of the approved master plan.
1. Allowed without subsequent review. The following do not require subsequent land use review and are allowed upon issuance of a building permit, if required:
a. Interior improvements.
b. Exterior improvements associated with existing buildings that do not involve an expansion of floor area, subject to all applicable base zone development and design standards, as modified in the initial plan approval, and relevant conditions of approval.
c. Installation of new or modification of existing mechanical or electrical equipment, subject to all applicable base zone development and design standards, as modified in the initial master plan approval, and relevant conditions of approval.
d. Maintenance of existing facilities, when a building permit is required.
2. Type I procedure. The following shall be reviewed by means of a Type I review, using procedures contained in Section 20.210.040 VMC:
a. Modification of the location of an approved building or building addition, providing the modification complies with the applicable base zone development and design standards, as modified in the initial master plan approval, and all relevant conditions of approval.
b. Modification of use or design and development standards including architecture, landscape architecture, pedestrian and bicycle facilities; signs and/or lighting elements approved in the initial plan.
c. A new building of any size in any location that replaces a building approved but not constructed, providing there is: 1) no net increase in total building coverage, and 2) compliance with the applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval.
d. New buildings or building additions up to 10,000 gsf not anticipated and, therefore, not contained in the initial master plan approval, except in locations within 100’ of the campus boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 3,000 gsf, providing the modification complies with the applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval. Under this provision, new construction of such unanticipated buildings or building additions shall not exceed 10,000 gsf in any one year, and shall not exceed 30,000 gsf in any four years. As part of the Type I review, the applicant shall provide information on the amount of floor area built to date for the year in which the application is submitted, and the amount of floor area built within the four-year period preceding the request.
3. Type II review. The following shall be reviewed by means of a Type II review, using procedures contained in Section 20.210.050 VMC.
a. A change in the approved campus boundary resulting in the exchange of properties where the total amount of land in the approved boundary remains the same or is decreased.
b. New building or building addition exceeding 10,000 gsf but less than 50,000 gsf, not anticipated and, therefore, not contained in the initial master plan approval, located more than 100’ from the campus boundary abutting residentially-zoned property. The request must comply with the applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval. For new buildings or building additions exceeding 25,000 gsf under this provision, the applicant shall provide traffic and parking analyses of the proposal as part of the Type II application.
c. New building or building addition exceeding 3,000 gsf but less than 25,000 gsf, not anticipated and, therefore, not contained in the initial master plan approval, located within 100’ of the campus boundary abutting residentially-zoned property. The request must comply with all applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval.
d. An increase or decrease of up to 10% in the total number of parking spaces approved in the initial master plan approval. The applicant shall provide a parking analysis related to the proposal as part of the Type II application.
4. Type III review. The following shall be reviewed by means of a Type III review, using procedures contained in Section 20.210.060 VMC.
a. Expansion of the public facility’s campus boundary beyond that contained in the initial master plan approval.
b. New building or building additions of 50,000 gsf or more, not anticipated and, therefore, not contained in the initial master plan approval, except within 100’ of the campus boundary abutting residentially-zoned property where this review shall be required for new buildings or building additions that exceed 25,000 gsf.
c. Proposals that result in a cumulative increase of over 10% of total building floor area contained in the initial master plan approval.
d. Proposals that result in an increase of 10% or more of site-generated vehicular trips.
e. An increase or decrease greater than 10% in the total number of parking spaces contained in the initial master plan approval.
f. Existing utilization that summarizes the total number of employees and patrons, e.g., students, patients, citizens, routinely served on the site. This utilization can be expressed in terms that are appropriate to the use such as total full-time equivalent (FTE) students and total patient visits.
g. A proposed use or development that was denied in the initial master plan approval.
D. Concurrent review. An applicant may submit applications for initial review and one or more subsequent phases of development concurrently. (Ord. M-3643, 01/26/2004)
A. Approval criteria. To receive approval for a public facility master plan, the applicant must demonstrate compliance to all of the following approval criteria:
1. Content. The master plan contains all of the components required in Section 20.268.070 VMC.
2. Compliance with all applicable standards. The proposed development and uses comply with all applicable standards of the title, except where variances are being approved as part of the master plan application.
3. Transportation system capacity. There is either sufficient capacity in the transportation system to support the development proposed in all future phases safely or there will be adequate capacity by the time each phase of development is completed.
4. Availability of public services. There is either sufficient capacity within public services such as water supply, police and fire services, and sanitary waste and storm water disposal, to support the development proposed in all future phases adequately, or there will be adequate capacity available by the time each phase of development is completed.
5. Protection of designated resources. City-designated resources such as historic landmarks, significant trees and sensitive natural resources (as identified on the city’s inventories) are protected and enhanced in compliance with the regulations in this and other titles of the Municipal Code.
6. Compatibility with adjacent uses. The master plan contains design, landscaping, parking/traffic management and multi-modal transportation elements that limit conflicts between the public facility campus and adjacent uses.
7. Mitigation of off-site impacts. All potential off-site impacts including litter, noise, shading, glare and traffic, will be identified and mitigated to the extent practicable.
8. Balance of benefits and impacts. The public benefits of the proposed public facility outweigh any impacts that cannot be mitigated after considering the alternatives.
B. Conditions of approval. The review authority shall impose any conditions of approval necessary to mitigate potentially adverse impacts on surrounding properties to the greatest extent practicable. (Ord. M-3643, 01/26/2004)
A. Applicability. The development standards in Subsection B below are established for public facilities located in residential zones.
B. Development standards.
1. For portions of an institutional campus abutting all residential zones and the CC and WX zones (not separated by a street):
a. Minimum building setback: 35’;
b. Maximum height: 35’ at the setback increasing 1’ for every one foot of additional setback for a maximum height of 90’; and
c. Minimum landscaped buffering between use and adjacent residential or commercial development: 15’.
2. The development standards in Subsection (1) above do not apply to existing buildings.
3. All other development standards, including minimum and maximum setbacks, height, lot coverage, floor-to-area (FAR) ratio and minimum landscaping, will be developed as part of the master plan. Concurrent variances, as regulated by Chapter 20.290 VMC are not required. (Ord. M-3643, 01/26/2004)
A. Existing conditions. An existing public facility that wishes to expand shall provide all of the following information regardless of the type of master plan format selected. A new public facility shall be provided the following information as appropriate:
1. Mission statement that identifies the purposes and scope of services provided by the public facility.
2. List of existing primary and accessory uses associated with the public facility.
3. Existing utilization that summarizes the total number of employees and patrons, e.g., students, patients, citizens, routinely served on the site. This utilization can be expressed in terms that are appropriate to the use such as total full-time equivalent (FTE) students and total patient visits.
4. Establishment of the existing campus boundary. The campus boundary may include properties not in the applicant’s ownership with the understanding that these cannot be used for public facility uses until they come into the applicant’ s ownership or control. Information shall include: 1) total acreage within the boundary; 2) list of all properties within the boundary by size, legal description and ownership, presented in both tabular and graphic formats; 3) calculation of the percentage by acreage of property within the campus boundary in the applicant’s ownership or control; and 4) list of all properties by size and legal description within the applicant’s ownership or control outside the campus boundary within 400’, presented in both tabular and graphic formats.
5. Vicinity map that identifies surrounding uses within 400’ of the campus boundary.
6. Zoning map that identifies base and overlay zoning designations for the campus and surrounding properties uses within 400’of the campus boundary.
7. Site description for all property in the applicant’s ownership and control within the campus boundary including the following information provided in narrative, tabular and/or graphic formats:
a. Topography and natural resources including 100-year flood plain; drainage patterns and courses; wetlands, rivers, springs and other water bodies; significant stands of trees and individual trees with a caliper greater than 6” as measured 4’ above grade; significant fish and wildlife habitat, and natural hazards such as steep slopes greater than 15%, and unstable, impermeable or weak soils. Exhibit must include a site plan with no greater than 2’ contours for slopes of 0 – 10% and no greater than for slopes greater than 10%.
b. Open space inventory including all natural and landscaped areas.
c. Inventory of cultural, historic and/or archeological resources on the site, if any.
d. Existing building inventory including use, location, size and date of construction.
e. Existing on-site pedestrian, bicycle and vehicular circulation system.
f. Inventory of existing vehicular and bicycle parking spaces and location of surface and structured parking facilities.
g. Location and size of all public and private utilities on the campus including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.
h. Location of all public and private easements.
8. Calculation of existing development intensity including average total site coverage (including building footprints, parking/roadways and sidewalks/pedestrian paths); total open space by acreage and percentage; and average floor-to-area (FAR) ratio.
9. Detailed description of the transportation system within and adjacent to the campus including:
a. Street classification of all internal and adjacent streets.
b. Transit service availability.
c. Description of transportation demand management plan to reduce dependence on single-occupant vehicle (SOV) use, if any.
d. Existing modal split data for employees and, if available, for patrons and visitors to the site.
e. Baseline traffic impact study prepared by a licensed engineer to include information as required by the city’s Traffic Engineer.
f. Baseline parking demand study prepared by a licensed engineer to include information as required by the city’s Traffic Engineer.
10. Analysis of existing infrastructure capacity on and in the vicinity of the campus.
11. Completed SEPA checklist on city-provided form with applicable fee.
B. Planning history. All existing and new public facilities, regardless of the type of master plan format selected, shall provide the following information:
1. Summary that describes the public involvement/neighborhood planning process used by the applicant in the development of the master plan application including written agreements, meetings and other outreach efforts. The applicant shall have at least one meeting with the affected recognized neighborhood and business associations prior to the submission of the application with city staff in attendance. However, the applicant is encouraged to meet with affected property owners on a regular basis as the master plan is developed.
2. Summary of all previous known land use cases affecting the applicant’s property within the campus boundary and a list of all outstanding conditions of approval that either have not been addressed in the past and/or that remain in force at the time of the application.
C. Proposed development plan.
1. Detailed master plan. The following information is required for a detailed master plan:
a. Description of anticipated growth during the master plan’s term that justifies additional development. This includes projections related to the increase in the number of employees, patrons and visitors to the site; increases in programming and events; and/or other indices of increased utilization.
b. Description of the ultimate campus boundary. If the applicant proposed to expand the boundary from its current configuration, information about the expansion area shall be provided including: 1) total additional acreage; 2) list of all properties within the expansion boundary by size, legal description and ownership, presented in both tabular and graphic formats; and 3) calculation of the percentage of acreage within the expansion area in the applicant’s ownership or control. The expansion area may include properties not in the applicant’s ownership with the understanding that these cannot be used for the public facility’s use until they come into the applicant’s ownership or control.
c. Description of all proposed development within the term of the master plan, presented in narrative, tabular and graphic formats:
1. Description of expansions of existing buildings and new buildings anticipated during the term of the master plan, including size, location, approximate footprint and use.
2. All other site improvements including new or expanded surface and structured parking facilities; bicycle parking facilities; on-site pedestrian, bicycle and vehicular circulation; transit stops and pedestrian/transit amenities; and open space and landscaped areas.
3. The location of new and/or expanded existing public and private infrastructure including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.
d. Phasing plan for implementation of proposed development.
e. Summary of development intensity at full build-out of the master plan including average FAR and lot coverage.
f. Summary of transportation facilities, including:
1. Traffic impact study prepared by a licensed engineer that describes traffic impacts associated with each phase of development and at full build-out under the master plan, and mitigation plan for accommodating this traffic in compliance with regulations for transportation concurrency contained in Title 11.95 VMC. The specific content of the traffic impact study shall be determined by the city’s Traffic Engineer.
2. Parking impact study describing the parking demand associated with each phase of the development and at full build-out under the master plan, and a mitigation plan for accommodating this parking demand within the site.
3. Transportation demand management plan to encourage employees and patrons to use alternative modes of transportation including carpooling/vanpooling, walking, biking, transit and telecommuting. The plan shall comply with the requirements of the Washington Commuter Trip Reduction Rule, if applicable.
4. Concurrent or proposed street vacations, with a description of potential parking and traffic/pedestrian circulation impacts, if any, and appropriate measures to mitigate these impacts.
g. Plan for protecting city-designated environmental, historic/cultural and open space resources, if any.
h. Design standards that will govern the orientation and design of buildings and other improvements including but not limited to the following. Public facilities shall be encouraged to use building techniques and materials that result in projects that are architecturally sound, durable and energy-efficient.
1. Architecture, including design standards and building materials board.
2. Landscaping, including design standards and standard plant list. Native plant materials are preferred.
3. Pedestrian circulation, including development standards and materials.
4. Bicycle parking facilities, including specifications.
5. Signs.
6. Lighting.
i. Neighborhood communication and coordination plan to ensure that the public facility institutionalizes an on-going process for communicating and problem-resolution with neighbors. This includes the following:
1. An annual meeting hosted by the public facility with representatives from the recognized neighborhood and business associations and other interested parties within whose boundaries the public facility is located. The purpose of the meeting is to discuss short- and long-term plans for campus development. The public facility must extend the invitation, and have documentation therein, even if the affected associations choose not to meet with the public facility representatives. This information shall be provided to the city.
2. A process for meeting with neighborhood and business associations to provide the opportunity to review and comment in a timely fashion prior to construction of specific buildings or other development, to be coordinated with the appropriate land use review as described in Section 20.268.040(B) VMC.
2. Concept master plan. The following information is required for a concept master plan:
a. All of the same information as required for a detailed master plan described in Subsection 1 above except (1)(c) that shall be replaced with the information contained in Subsection (b)-(e) below.
b. Creation of a pedestrian, bicycle and vehicular circulation framework for the entire site at full build-out of the master plan.
c. Creation of an open space framework for the entire site at full build-out of the master plan.
d. Using the circulation and open space as a framework, division of the proposed development area into a series of phases. For each phase, provide the following information:
1. The approximate mix of uses by percentage;
2. The total gross square footage of development, FAR and lot coverage anticipated without detailing the specific location, size and footprint of specific buildings or surface/structured parking facilities;
3. The proportion of the phase to be devoted to circulation and open space.
3. Hybrid master plan. All of the same information as required for a detailed master plan described in Subsection (1) above will be required in the hybrid master plan for phases where detailed design/development approval is sought. For phases where only concept design/development approval is sought, the requirements of Subsection (2) above shall apply. (Ord. M-3643, 01/26/2004)
A. Applicability. A detailed, concept or hybrid master plan shall be reviewed under this chapter and the zoning, development and other land use control ordinances contained in the Vancouver Municipal Code and any uncodified ordinances modifying the same, in effect on the date a master plan application has been deemed fully complete by the city. For the purposes of this section, a vested master plan application shall mean that the applicant is entitled to implement the master plan, or any portion of it, described in the application, under the zoning, development and land use ordinances applied by the city in its review of the master plan application. An application shall be vested for the term of the master plan as governed by 20.268.100 VMC.
B. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the Planning Official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project and the city while maintaining consistency with the comprehensive plan. Applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances the development remains subject to and will not be significantly detrimental to the health, safety, or general welfare of the city. Planning Official shall review and either approve the request or determine if a new application must be submitted. (Ord. M-3643, 01/26/2004)
A. Applicability. An applicant for a detailed, concept or hybrid plan shall be entitled to reserve capacity in the transportation system for the proposed development’s trip generation and shall be deemed to have achieved transportation concurrency, under the concurrency rules and regulations in effect at the time that the master plan application is vested under Section 20.268.070 VMC above, if 1) the applicant obtains a certificate of concurrency for all or any portion of its proposed development under Title 11.95 VMC, Transportation Concurrency; or 2) the applicant and the city enter into a development agreement as regulated by Chapter 20.250 VMC, Development Agreements, which by its terms reserves capacity in the transportation system and includes a finding of transportation concurrency. The term for the concurrency determination shall be set as the term in the certificate of concurrency or the development agreement, as the case may be. (Ord. M-3643, 01/26/2004)
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A. General. The term of a public facilities master plan shall be no longer than 10 years. Extensions may be granted in accordance with the criteria and procedures provided hereinafter.
B. Extension. If not all phases of development approved in the initial approval have been built out within the approved term, the applicant may request an extension using procedures contained in Section 20.210.050 VMC. Two one-year extension requests may be reviewed in accordance with the following criteria:
1. The applicant has pursued submitting the master plan in good faith; and
2. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes which are inconsistent with the approved master plan.
3. There are no other significant changed conditions which would render filing of the public facilities master plan contrary to the public health, safety or general welfare.
4. An extension request shall be filed in writing with the Planning Official at least 30 days prior to the expiration of the initial five-year period or any subsequently approved extensions.
5. The Planning Official shall render a decision on the request pursuant to the Type I procedures. (Ord. M-4105 § 3, 11/17/2014; Ord. M-3643, 01/26/2004)
Purpose. The purpose of this Chapter is to establish procedures, criteria and timelines for reviewing certain development applications within the City of Vancouver. More specifically, this chapter is intended to achieve the following:
A. Compliance with applicable standards. Establish procedures to ensure that the design of site improvements and building improvements are consistent with applicable standards, minimize adverse impacts on surrounding land uses, and allow for and encourage flexibility in the design and layout of site improvements and buildings, and innovation in design and construction.
B. Public review. Provide opportunity for public review and comment on development proposals. (Ord. M-3643, 01/26/2004)
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A. General. All new developments and modifications to existing developments shall require site plan review and approval prior to the issuance of any building permits, establishment of any new uses, or commencement of any site work unless otherwise exempted in this title. Developments subject to site plan review shall comply with the Vancouver Municipal Code and all other State statutes and applicable laws and regulations.
B. Exemptions. The following developments and land use categories shall be exempt from Site Plan Review:
1. Land divisions and boundary line adjustments pursuant to Chapter 20.320 VMC.
2. All new developments and buildings that are engaged in agriculture/horticulture as defined in Chapter 20.160 VMC Use Classifications.
3. Other activities including:
a. Landscaping or landscape alterations, unless such landscaping or alterations would modify or violate a condition of approval. In such instance, the activity shall be processed as a modification of the existing land use approval pursuant to Section 20.210.140 VMC, Post Decision Review.
b. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping or utilities.
c. New parking lots having 10 or fewer parking spaces.
d. Any change in commercial or industrial land use to another commercial or industrial land use permitted in the applicable zoning district, provided any site alteration is below the thresholds in subsection D below.
e. Building permits required pursuant to the City’s adopted building code not requiring a development land use permit pursuant to this title, including interior remodeling and tenant improvements.
f. On-site utility permits, e.g., sewer hook-ups, water hook-ups, Fire Department permits.
g. Comprehensive Plan map and text amendments and associated zone changes pursuant to 36.70A.130 RCW or Section 20.210 VMC.
h. New construction of or modification to existing single-family and duplex dwellings not requiring an environmental review.
i. Site-specific rezoning requests not associated with any other land use permit.
j. Projects processed under an approved, detailed Public Facilities Master Plan.
k. Notwithstanding the provisions of 20.270.020 (A), (C) and (D), any development that the Planning Official finds should be exempt because it does not result in an substantive increase in land use activity or intensity or in any adverse off-site impact perceptible to a person of average sensibilities, and because the City can assure the development complies with applicable standards without site plan review.
C. Development subject to Type I Site Plan Review. New development or modifications to an existing permitted development or existing legal nonconforming use shall require a Type I review if the proposal would result in any of the following:
1. New residential developments of between three and 19 dwelling units or, if existing, an increase in dwelling unit density of up to 20 percent, provided the proposed density does not exceed the maximum allowed density in the underlying base zoning district;
2. Nonresidential development of less than 12,000 square feet or, if existing, an increase in the floor area of a nonresidential structure or use by up to 6,000 square feet;
3. For existing developments a reduction in the area reserved for open space, recreational facilities and/or landscaped areas by up to 20 percent;
4. New parking lots of 11 to 39 parking spaces or, if existing, an increase in the number of existing parking spaces by up to 20 percent;
5. Modular school classrooms on an established public or private school site shall be reviewed under a Type I site plan process.
6. A change in the location of access ways to frontage roads where off-site traffic would be affected.
7. Projects which qualify as a planned action shall be processed under a Type I process, subject to any additional requirements, as applicable, of Chapter 20.790 VMC, Planned Action Review.
D. Development subject to Type II Site Plan Review. New development or modifications to an existing permitted development or existing legal nonconforming use shall require a Type II review if the proposal would result in any of the following:
1. New residential development of 20 units or more or, if existing, an increase in dwelling unit density of more than 20 percent, provided the proposed density does not exceed the maximum allowed density in the underlying base zoning district;
2. New nonresidential developments of 12,000 square feet or more of, if existing, an increase in the floor area of a nonresidential structure or use by more than 6,000 square feet;
3. For existing developments, a reduction in the area reserved for open space, recreational facilities and/or landscaped areas by more than 20 percent;
4. New parking lots of 40 or more spaces or, if existing, an increase in the number of existing parking spaces by more than 20 percent or an increase of more than 40 parking spaces, whichever is greater;
5. An increase in vehicular traffic to and from the site of more than 200 average daily trips, based on the latest edition of the International Transportation Engineer’s (ITE) Trip Generation Manual, or substantial evidence by a professional engineer licensed in the state of Washington with expertise in traffic engineering. (Ord. M-3959 § 17, 07/19/2010; Ord. M-3701 § 9, 05/02/2005; Ord. M-3663 § 9, 08/02/2004; Ord. M-3643, 01/26/2004)
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A. New development or redevelopment. Site plan development review for a new development or redevelopment shall be processed by means of a Type I or Type II procedure, as governed by Section 20.210.040 or .050 VMC, using approval criteria contained in Section 20.270.040 VMC.
B. Modifications. Modifications of an approved site plan shall be processed pursuant to Section 20.210.140 VMC, Post-Decision Review.
C. Approval period. Site plan review approval shall be effective for a period of 5 years from the date of approval. The site plan review approval shall expire if:
1. Substantial construction of the approved plan has not begun within a five-year period; or
2. Construction on the site is a departure from the approved plan.
D. Extension. The Planning Official may grant an extension of the approval period by means of a Type I procedure, pursuant to Section 20.210.040 VMC, provided that:
1. A three-year extension may be granted for projects which received preliminary land use approval on or before December 31, 2015; any project approved after such date shall be eligible for a one-year extension; and
2. There have been no changes to the original site plan as approved by the Planning Official;
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and
4. The applicant has demonstrated a good faith effort to proceed with the activity.
E. Phased development.
1. Upon request The Planning Official may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than 6 years without reapplying for site plan review. Phasing plans shall be reviewed by means of a Type I procedure, using the approval criteria contained in Subsection (2) below.
2. The criteria for approving a phased site plan review application shall be as follows:
a. The public facilities are necessary to serve the phase constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or District standard; and
c. The phased development shall not result in requiring the City, other property owners, or latecomers, to construct public facilities that were required as part of the approved development proposal. (Ord. M-4037 § 7, 12/03/2012; Ord. M-3643, 01/26/2004)
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Unless waived in writing and in advance by the planning official, an applicant shall submit all of the following items with an application for a Type I or Type II site plan review:
A. General.
1. A completed application form provided by the planning official.
a. An existing conditions plan described in subsection B of this section.
b. A site plan described in subsection C of this section.
c. A preliminary stormwater and erosion control plan or plans described in subsection D of this section.
d. Architectural plans and elevations described in subsection E of this section.
e. A landscape plan described in subsection F of this section.
2. A narrative describing the development including uses proposed for the site, hours of operation, hours and frequency of deliveries, and construction schedule.
3. Payment of all applicable review fees.
4. Certified mailing list (not applicable for Type I applications). Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and two sets of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide mailing labels addressed to “occupant” as can be determined from available county assessor records (two copies).
5. The location of natural conditions, such as:
a. Waterbodies, the 100-year floodplain, aquatic habitats, natural drainage courses, wetlands, spring seeps, closed depression areas, groundwater elevations, aquifers, and wellhead protection areas.
b. Geological hazard areas such as slopes in excess of 15 percent unstable or weak soils, soils with high erosion potential, rock outcroppings, and areas of healthy native soils and hydraulic conductivity.
c. Existing vegetation including stands of trees and individual trees with a caliper greater than six inches, additional information necessary to comply with Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation, and areas of wildlife habitat.
B. Existing conditions plan. An existing conditions plan shall include the following information:
1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations within a given radius of the site.
2. The site size, dimensions and orientation relative to north.
3. The location, name and dimensions of all streets adjoining the site indicating whether privately or publicly owned.
4. The location of existing structures and other improvements on the site, including structures, driveways, parking, loading, pedestrian and bicycle paths, passive or active recreational facilities or open space, and utilities.
5. Elevation of the site at two-foot contour intervals for grades zero percent to 10 percent and at five-foot contour intervals for grades more than 10 percent.
6. The approximate location of significant natural conditions, such as:
a. The 100-year floodplain.
b. The location of drainage patterns and drainage courses.
c. Slopes in excess of 15 percent.
d. Unstable ground, e.g., land subject to slumping, slides or movement.
e. High seasonal water table or impermeable soils.
f. Areas having severe soil erosion potential.
g. Areas having severe weak foundation soils.
h. Significant wildlife habitat or vegetation.
i. Rock outcroppings.
j. Information necessary to comply with Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation, where applicable.
C. Proposed site development plan. The proposed site plan shall be drawn at the same scale as the existing conditions plan and shall include the following information:
1. The proposed site and its dimensions and area, orientation relative to north.
2. Abutting properties or, if abutting properties extend more than 100 feet from the site, the portion of abutting properties within 100 feet of the site, and the approximate location of structures and uses on abutting property or portion of the abutting property.
3. The location and dimensions of proposed development, including the following:
a. Streets and other rights-of-way and public or private access easements on and adjoining the site;
b. Vehicle, pedestrian and bicycle parking and circulation areas, including handicapped parking stalls and disembarking areas, accessible route of travel, proposed ramp and signage as required by Chapter 51-40 WAC;
c. Loading and service areas;
d. Active or passive recreational or open space features;
e. Above-ground utilities;
f. Existing structures to be retained on the site and their distance from property lines;
g. Proposed structures on the site, including signs, fences, etc., and their distance from property lines;
h. The location and type of proposed outdoor lighting and existing lighting to be retained; and
i. The size and location of solid waste and recyclables storage areas.
4. Summary table which includes parcel zone, total site area, gross floor area by use, (i.e., manufacturing, office, retail, storage), itemized number of full size, compact and handicapped parking stalls and the collective total number, total lot coverage proposed, including residential density calculations.
5. Location, dimensions, and purpose of existing easements.
D. Grading, Erosion Prevention, and Stormwater Plans.
1. Grading Plan indicating areas of soil protection and compaction prevention;
2. Erosion Prevention measures as required in Chapter 14.24 VMC; and
3. Stormwater Site Plan as required in Chapter 14.25 VMC, including identification of areas and types of vegetation preserved as part of low impact development plan.
E. Architectural plans and elevations. The following architectural plans and elevations shall be provided:
1. Floor plans showing at least the gross square footage of each structure and outdoor activity area proposed on the site, including existing structures and outdoor activity areas to be retained.
2. A description of the proposed and potential uses of each structure or portions of a structure and each outdoor activity area.
3. Typical elevation drawing of each structure.
4. Identify locations of walls, exits and openings.
F. Landscape plan. The landscape plan shall be drawn at the same scale as the existing conditions plan, or a larger scale if necessary. A landscape plan shall show the following:
1. The location, species and size, i.e., diameter and/or height, of existing landscape material, identifying the material to be removed and to be retained;
2. The location, species, size at planting and spacing of proposed plant materials;
3. The proposed landscape area of the site (i.e., in terms of square feet and a percentage of the net site area);
4. The location, height and material of fences, buffers, berms, walls and other proposed screening;
5. The location and dimensions or area of terraces, decks, shelters, play areas and open spaces; and
6. Surface water management features that are integrated with landscape, recreation or open space areas including stormwater facility planting plans and areas of vegetation preserved as part of a low impact development plan.
G. Tree, Vegetation, and Soil Plan. As required by Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation. Tree plan may be combined with the landscape plan.
H. Other. Other information shall be provided as needed to show the development complies with other applicable standards and with conditions of approval of related SEPA determinations and land use actions and permits.
I. Fees payable. Applicable fees as specified in Table 20.180.060, Planning Fees, shall be paid at the time of application for Site Plan Review. (Ord. M-4438 § 4(G), 2023; Ord. M-4289 § 4, 2019; Ord. M-4254 § 3(D), 2018; Ord. M-4179 § 71, 2016; Ord. M-3840 § 12, 2007; Ord. M-3663 § 10, 2004; Ord. M-3643, 2004)
A. Compliance with applicable standards. The proposed development shall comply with all applicable design and development standards contained in this Title and other applicable regulations.
B. Adequacy of public facilities. The applicant shall demonstrate availability of adequate public services, e.g., roads, sanitary and storm sewer and water, available to serve the site at the time development is to occur, unless otherwise provided for by the applicable regulations. (Ord. M-3643, 01/26/2004)
Requirements. The Planning Official may require the use of escrow or other assurances to ensure that the completed project will be in compliance with the approved plan, as governed by Chapter 20.909 VMC Escrow and Assurances. (Ord. M-3643, 01/26/2004)
This chapter provides standards and processes governing the review of amendments to maps or text of the comprehensive plan and this title. Such amendments may be periodically necessary to reflect changing conditions and needs or to address legal considerations.
A. Types of proposals. The following types of proposals are reviewed under this chapter:
1. Map amendments to the comprehensive plan or to VMC Title 20 zoning designations applying to one or more properties.
2. Development agreements that are included with property specific comprehensive plan or zoning map changes being reviewed under this chapter.
3. Text changes to the comprehensive plan or to this title, except fees under Chapter 20.180 VMC.
4. Other development proposals which the city manager or designee determines warrant consideration under this chapter by virtue of their size, complexity, or impact on area wide planning policies. (Ord. M-3643, 01/26/2004)
A. Proposals reviewed under this chapter may be initiated by property owners or their representatives, the city of Vancouver, or private citizens or groups as follows:
1. Map Changes. Property owners or any individual, group or organization may initiate comprehensive plan and associated zoning map designation changes applying to one or more properties, through submittal of an annual review application and associated fees specified in Chapter 20.180 VMC. Standalone zoning changes not requiring a comprehensive plan change shall be subject to zone change application and associated fees per Chapter 20.180 VMC.
2. Text Changes. Property owners or any individual, group, or organization may initiate comprehensive plan or zoning code text changes through submittal of a text change application and associated fees per Chapter 20.180 VMC.
3. City Initiated Map or Text Changes. The city of Vancouver, on its own behalf or on behalf of an outside individual or group, may initiate comprehensive plan or zoning map and/or text changes. City initiation of outside requests for amendments shall be at city discretion, and generally limited to proposals that are limited in scope and/or clearly warranted in terms of policy implications, and subject to the following:
a. Private parties shall submit a written summary of the amendment proposed to community development department, an indication of why it is needed, and the potential land use impacts if approved. No application fees shall be assessed.
b. City staff shall maintain a docket listing of private party requests, and shall provide the listing not less than once per year to the planning commission, which shall determine which items shall be scheduled for public hearing review, deferred to future work programs, or discontinued. Requesting parties of discontinued proposals shall have the option of submitting formal applications under this chapter. (Ord. M-4402 § 3(I), 2023; Ord. M-4254 § 3(G), 2018; Ord. M-3643, 2004)
A. Overall Timing. Except as noted herein, all comprehensive plan map or comprehensive plan text amendments will be reviewed concurrently and not more than once per calendar year. Site specific zoning map amendments applying to properties proposed for comprehensive plan map changes shall also be submitted at that time. All other zoning map or zoning text amendments may be reviewed independently and more frequently than once per year.
B. Pre-Application. Comprehensive plan or zoning map amendments proposed by private parties shall require a pre-application conference. The conference shall be scheduled upon receipt of a complete Map Amendment Pre-application Form. Based on the information provided, the pre-application conference is intended to provide for a discussion of major issues and concerns and possible staff recommendation. Staff will provide a written summary within 14 days following the conference. Pre-application conferences are nonbinding, and do not vest the development rights of the proposals involved. Pre-application conferences shall not be required for city initiated map amendments, or text amendments initiated by any party.
C. Review Body.
1. All proposed Comprehensive Plan or zoning map or text changes shall be initially reviewed by the planning commission unless noted herein.
2. Standalone zoning map changes that propose to shift from one residential zoning designation to the next most or least intensive designation, and are accompanied by a proposed subdivision, shall be reviewed by the hearings examiner.
3. Development agreements accompanying a proposed zoning map change shall be reviewed by the body reviewing the map change.
D. Hearings Process. The planning commission at a duly advertised public hearing shall develop and forward a recommendation for approval, approval subject to modifications or conditions, or denial to the Vancouver city council. The Vancouver city council shall hold a duly advertised, open record public hearing to make final decisions on the planning commission recommendation.
E. Timing Exceptions. The following comprehensive plan changes may be reviewed more frequently than once per year.
1. The initial adoption of a subarea plan.
2. The adoption or amendment of a shoreline master program pursuant to Chapter 90.58 RCW.
3. The adoption or amendment of the capital facilities or transportation element of the comprehensive plan is undertaken concurrently with a related budget action.
4. The adoption of comprehensive plan amendments necessary to enact a Planned Action under RCW 43.21C.031(2).
5. Comprehensive plan amendments concurrent and related to an annexation.
6. Corrections of scrivener or mapping errors. Scrivener or mapping errors are defined as minor map or text errors in the comprehensive plan or development regulations which were clearly unintended and inconsistent with the record of their original adoption, as determined by the city. Correction of such errors shall be submitted by the city only, at no charge to parties demonstrating the error.
7. Emergency comprehensive plan amendments, defined as a change of community wide significance, and including but not limited to the following:
a. Action necessary to address threats to public health or safety.
b. Action necessary to ensure that the goals and policies of the comprehensive plan are not substantially obstructed.
c. Action necessary to respond to an order from the Growth Management Hearings Board or competent court of law.
F. Periodic comprehensive plan updates. At least once every eight years or as otherwise provided by state law, the city shall initiate a periodic review of the overall comprehensive plan and land use regulations. Within the calendar year of such review the city may alter the procedural requirements herein, although other approval criteria of this chapter shall still apply. (Ord. M-3643, 01/26/2004)
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A. Overall proposed map amendments reviewed under this chapter shall be approved only if demonstrated by the proponent to be in the public interest, as based on a review of all applicable principals from the following:
1. How the proposal is more consistent than the existing designation with applicable policies of the Vancouver strategic plan and comprehensive plan.
2. How the proposal is more consistent than the existing designation with each of the following objectives as applicable:
a. Encourage more intensive development to locate in major urban centers and corridors, particularly downtown Vancouver. Encourage development of distinct neighborhoods served by commercial nodes, and discourage urban sprawl and strip commercial development;
b. Provide development of uses which are functionally integrated with surrounding areas and neighborhoods in terms of local shopping, employment, recreational or other opportunities;
c. Provide development which is compatible and integrated with surrounding uses in terms of scale, orientation, pedestrian enhancements, and landscaping;
d. Conserve or enhance significant natural or historical features;
e. Provide adequate provision of transportation, water, sewer, and other public services;
f. Provide significant family wage employment opportunities and broadening of the Vancouver economy;
g. Provide for the formation and enhancement of neighborhoods and communities; and
h. Provide affordable or below-market-rate housing opportunities.
3. Scope of review. Review and evaluation of proposed comprehensive plan or zoning map changes shall consider both the likely and possible future use of the site and associated impacts.
4. Cumulative Impacts. The review of individual comprehensive plan map or policy amendments, other than exceptions noted in VMC 20.285.040, shall also consider the cumulative transportation, land supply, and environmental impacts of other plan amendments proposed within the same annual cycle. (Ord. M-3922 § 13, 07/06/2009; Ord. M-3701 § 9, 05/02/2005; Ord. M-3643, 01/26/2004)
Code reviser’s note: ACM M-3701, Amended, 03/17/2008, should be 25 years.
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A. Zoning map amendments not involving associated comprehensive plan map amendments shall demonstrate the following:
1. How the proposal is more consistent with applicable policies of the Vancouver strategic plan and comprehensive plan than the existing designation; and
2. That a change in circumstances has occurred since the existing designation was established. (Ord. M-3959 § 18, 07/19/2010; Ord. M-3922 § 14, 07/06/2009; Ord. M-3730 § 5, 12/19/2005; Ord. M-3643, 01/26/2004)
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A. Text amendments to the comprehensive plan or VMC Title 20 zoning standards shall demonstrate the following:
1. The proposal is consistent with applicable policies of the Vancouver strategic plan and comprehensive plan; and
2. The proposal is necessary to further the public interest based on present needs and conditions. (Ord. M-3959 § 19, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Notice indicating the time and place of public hearings for review of proposed amendments pursuant to this chapter shall be provided as follows:
1. For all amendments subject to this chapter, published notice within a newspaper of record at least 10 calendar days prior to the hearing.
2. For site specific map amendments, the following additional notice shall be provided:
a. Written notice mailed at least 10 calendar days prior to the public hearing to property owners and residents located within 500 feet of subject properties, as determined by records of the county assessor.
b. If located within or adjacent to an officially recognized neighborhood, notice shall also be sent to the neighborhood association president or chair.
c. A sign or signs on or adjacent to the proposal site posted at the site at least 10 calendar days prior to the hearing.
d. Written or posted notice may be foregone at the planning official’s discretion for map amendments which are limited to minimal adjustment of comprehensive plan or zoning designation borders within a property, or other corrections which do not increase the potential of additional land use development impacting the surrounding area.
3. For text amendments, written notice mailed at least 10 calendar days to individuals, groups, or agencies which are deemed necessary and appropriate by the city or which have requested notice of the particular action.
4. With the exception of newspaper publication, failure to provide notice to any person or group subject to this chapter shall not automatically invalidate the proceedings associated with the proposed action. (Ord. M-3922 § 15, 07/06/2009; Ord. M-3730 § 6, 12/19/2005; Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3730, Added, 12/19/2005, Sec 7)
Final decisions of the city council may be appealed to the Washington Growth Management Hearings Board or superior court, where appropriate, in accordance with provisions and timelines set forth by state statute and regulations. Where state statute or regulations do not provide timelines, an appeal must be submitted within 30 calendar days of the final council decision. Aggrieved parties shall exhaust local administrative remedies prior to state or federal administrative or judicial review of the city council decision. (Ord. M-3643, 01/26/2004)
A. Comprehensive plan and regulation map or text amendments within the Vancouver Urban Growth Area outside of city limits are the jurisdictional responsibility of Clark County. The city shall review notice provided from Clark County on such amendments, and shall reciprocally provide notice to Clark County of proposed amendments within city limits.
B. The city shall not support amendments which raise inconsistencies with this chapter, capital facilities plans or adopted population projections. (Ord. M-3643, 01/26/2004)
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The planning official shall maintain a record of amendments to the text and map of this title in a format convenient for the use of the public. (Ord. M-3922 § 16, 07/06/2009; Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3643, 01/26/2004)
General. A variance to any development standard contained in this Title other than density and lot area may be granted when practical difficulties, unnecessary hardship or results inconsistent with the general purposes of Title 20 VMC would result from the literal enforcement of its requirements. The sole purpose of any variance shall be to prevent such difficulties, hardship or results, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone except when necessary to avoid such difficulties, hardship or results. (Ord. M-3643, 01/26/2004)
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A. Type I Variance. A Type I Variance is one that results in the modification of up to 20% of a numerical development standard that shall be subject to a Type I procedure, pursuant to 20.210.040 VMC, subject to the approval criteria contained in Section 20.290.040(A) VMC.
B. Type II Variance. A Type II Variance is one that results in the modification of a numerical development standard by more than 20% that shall be subject to a Type II procedure, pursuant to 20.210.050 VMC, subject to the approval criteria contained in Section 20.290.040(B) VMC.
Concurrent review. The applicant may submit requests for more than one variance for concurrent review. (Ord. M-3959 § 20, 07/19/2010; Ord. M-3701 § 10, 05/02/2005; Ord. M-3643, 01/26/2004)
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A. Application – Fees. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC.
B. Required information.
1. Narrative statement describing the requested variance(s) and demonstration of compliance to the appropriate approval criteria contained in VMC 20.290.040.
2. A site plan drawn to scale legible for digital reproduction showing the arrangement of the proposed development, and accurate representation of the size and shape of the parcel(s) including easements of any kind, all dimensions and parcel orientation. Include appropriate scale and north arrow.
3. Locations, dimensions and height of all existing and proposed buildings and structures, including garages, carports, fences, decks, patio covers and other accessory structures. Include dimensions from each other and from all property lines. Show dimension of eaves projecting beyond a wall or supporting post. Indicate usage of all structures.
4. Elevation of site at two-foot contour intervals for grades zero to 10 percent and at five-foot contour intervals for grades greater than 10 percent.
5. Existing and proposed curbs, sidewalks and curb-cuts. Indicate center line of street(s).
6. Location and detailed layout of off-street parking and loading areas.
7. Location of unstable ground, including high seasonal water table, impermeable soils, areas having a severe soil erosion potential, areas having severely weak foundation soils, significant historical, cultural or archaeological resources, significant wildlife habitat, and rock outcroppings. Note if none of these apply.
8. Archaeological pre-determination report, if necessary.
9. The approximate location and type of vegetation, including individual trees that have a diameter of six inches or more measured four feet above grade. The plan may show clusters of such trees rather than individual trees when individual trees are near one another. Provide proposed plan for compliance with Chapter 20.770 VMC, Tree Conservation, if necessary.
10. Certified mailing list (Type II only). Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and one set of stamped and addressed envelopes and one set of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide one set of stamped and addressed envelopes and one set of mailing labels addressed to “occupant” as can be determined from available county assessor records. (Ord. M-4496 § 3(C), 2025; Ord. M-4289 § 4, 2019; Ord. M-3840 § 13, 2007; Ord. M-3663 § 11, 2004; Ord. M-3643, 2004)
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A. Type I Variance. The Planning Official may grant a Type I Variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in Subsection (1) above.
3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located.
B. Type II Variance. The Planning Official may grant a Type II Variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant such as is possessed by the owners of other properties in the same vicinity or district;
3. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in Subsection (1) above;
4. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located;
5. Any impacts resulting from the variance are mitigated to the extent practicable; and
6. If more than one variance is being requested, the cumulative effect of the variances results in a project that is still consistent with the overall purpose of the underlying zoning district. (Ord. M-3959 § 21, 07/19/2010; Ord. M-3840 § 14, 08/06/2007; Ord. M-3643, 01/26/2004)
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A. Time limit. Authorization of a variance shall be void after five years, unless a building permit has been issued and substantial construction has taken place. Subdivision variances shall be valid for the term of the preliminary plat.
B. Extension. Upon written request by the applicant and payment of the required fee pursuant to Chapter 20.180 VMC, the planning official may extend the authorization for a maximum of one year. (Ord. M-3840 § 15, 08/06/2007; Ord. M-3701 § 10, 05/02/2005; Ord. M-3643, 01/26/2004)
Use Decisions
A. Purpose. The purpose of this chapter is to establish standardized decision-making procedures for reviewing development applications within the City of Vancouver enabling the city, the applicant, and all interested parties to reasonably review applications, and participate in the local decision-making process in a timely and effective way. More specifically, this chapter is intended to:
1. Assure prompt review of development applications through the application of clear and specific standards;
2. Provide for public review and comment on development applications that may have an impact on the community;
3. Establish procedures to ensure that the development application, if approved, is consistent with applicable standards; and
4. Ensure adverse impacts on surrounding land uses are minimized, while encouraging flexibility and innovation in the design and layout of site improvements and buildings.
B. Applicability. The provisions of this chapter apply to all development applications that are subject to review under the following chapters of the Vancouver Municipal Code except as otherwise exempt under Section 20.210.030 VMC:
C. Consistency with applicable codes. Where applicable, this chapter is intended to establish the procedures for determining whether development applications are, or can be approved or conditionally approved to be consistent with applicable codes, policies, and standards. (Ord. M-3643, 01/26/2004)
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A. General. All development applications shall be decided by using one of the following procedure types. The procedure type assigned to each action governs the decision-making procedure for that application, except to the extent otherwise required by applicable state or federal law.
B. Types defined. There are four types of decision-making procedures, as follows:
1. Type I procedure. Type I procedures apply to ministerial permits. Type I applications are decided by the planning official without public notice prior to the decision and without a public hearing. If any party with standing appeals a planning official’s Type I decision, the appeal of such decision will be heard by the hearings examiner, with further appeal to the superior court pursuant to applicable law.
2. Type II procedure. Type II procedures apply to quasi-judicial permits and actions that contain some discretionary criteria. Type II applications are decided by the planning official with public notice and an opportunity for comment. If any party with standing appeals a planning official’s Type II decision, the appeal of such decision will be heard by the hearings examiner, with further appeal to the superior court pursuant to VMC 20.210.130.
3. Type III procedure. Type III procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III applications are decided by the hearings examiner or planning commission, depending on the permit. If any party with standing appeals a hearings examiner’s or planning commission’s Type III decision, the appeal of such decision will be heard by city council pursuant to VMC 20.210.130, with further appeal to superior court.
4. Type IV procedure. Type IV procedures apply to legislative matters, planned unit developments, and rezones. Legislative matters involve the creation, revision or large-scale implementation of public policy. Type IV applications are considered initially by the planning commission or hearings examiner with final decisions made by the city council, automatically or on appeal.
C. Summary of permits by type of decision-making procedure. Table 20.210.020-1 summarizes the various development applications by the type of decision-making procedure.
Table 20.210.020-1. Summary of Development Applications By Type of Decision-Making Procedure
Type | Development Application | Cross Reference | Review Body |
|---|---|---|---|
I | Accessory Dwelling Units | Planning Official | |
Boundary Adjustments | Planning Official | ||
Conditional Use – Minor Modification | Planning Official | ||
Critical Areas Permit (Type I) | Planning Official | ||
Design Review (without Site Plan Review) | Planning Official | ||
Historic Property Certificate of Appropriateness/Administrative Review | Planning Official | ||
Interpretations – Quasi-Judicial | Planning Official | ||
Parking/Loading – Reduction of Minimum Ratios, Joint Parking | Planning Official | ||
Planned Developments – 1 Year Extension | Planning Official | ||
Site Plan Review – Minor Projects Below Type II Site Plan Review Thresholds | Planning Official | ||
Site Plan Review – Extension/Phasing | Planning Official | ||
Shoreline Permit Exemption | Planning Official | ||
Subdivision/Short Subdivision – Phasing, 1st Extension | Planning Official | ||
Temporary Use | Planning Official | ||
Tree Plan/Removal – without Site Plan Review | Planning Official | ||
Type I Variance | Planning Official | ||
II | Adult Entertainment Uses | Planning Official | |
Critical Areas Permit (Type II) | Planning Official | ||
Critical Areas Permit – Minor Exception | Planning Official | ||
Planned Developments – Detailed Plan, 2-Year Extension | Planning Official | ||
Public Facility Master Plans – Concept Plan Subsequent Phases & Extensions | Planning Official | ||
Shoreline Substantial Development Permit | Planning Official | ||
Short Subdivision – Preliminary Plat | Planning Official | ||
Site Plan Review | Planning Official | ||
Subdivision – 2nd Extension | Planning Official | ||
Type II Variance | Planning Official | ||
III | Conditional Uses – Initial, Major Modifications | Hearings Examiner | |
Critical Areas Permit – Reasonable Use Exception | Hearings Examiner | ||
Historic District Nomination | Clark County Historic Preservation Commission | ||
Historic District or Property Designation Removal | Clark County Historic Preservation Commission | ||
Historic Register Nomination | Clark County Historic Preservation Commission | ||
Historic Property Certificate of Appropriateness Public Review | Clark County Historic Preservation Commission | ||
Public Facility Master Plans – Initial Approval | Hearings Examiner | ||
Shoreline Conditional Use Permit (recommendation to State Department of Ecology) | Hearings Examiner | ||
Shoreline Substantial Development Permit | Hearings Examiner | ||
Shoreline Variance (recommendation to State Department of Ecology) | Hearings Examiner | ||
Subdivisions – Preliminary Plat | Hearings Examiner | ||
IV | Annexations | Planning Commission City Council | |
Development Agreements | Planning Commission, if Agreement is part of proposal before the Commission City Council | ||
Planned Developments | Planning Commission, except Hearings Examiner for Planned Developments 25 acres or smaller in size City Council | ||
Master Plans in the Riverview Gateway and Section 30 subareas | Planning Commission City Council | ||
Comprehensive Plan or Zoning Text/Map Amendment | Planning Commission, except review of Chapter 20.180 VMC, Fees City Council | ||
Zoning Map Amendments | 20.285 | Planning Commission, except Hearings Examiner review in cases of standalone zone changes from one single or multifamily residential designation to the next most or least dense that also involve a concurrent subdivision proposal City Council |
D. Concurrent review. When the city must approve more than one application for a given development, all applications required for the development pursuant to this chapter may be submitted for review at one time. When more than one application is submitted for a given development, and those applications are subject to different types of procedure, then all of the applications are subject to the highest type of procedure that applies to any of the applications; provided, however that each development application shall only be subject to the relevant criteria applicable to that particular development application. For example, a development proposal that includes a Type II application and a Type III application shall be wholly subject to the procedures applicable to a Type III application, but the Type II portion of the development proposal shall be decided according to the relevant approval criteria applicable to the Type II application.
E. Assignment of procedure type. Applications shall be processed according to the assigned review type in the above table. If the Vancouver Municipal Code does not expressly provide for review using one of the four types of decision-making procedures, and another specific procedure is not required by law, the planning official shall classify the application in question as one of the four types of decision-making procedure using the following criteria:
1. The act of classifying an application shall be a Type I decision;
2. Questions about what procedure is appropriate shall be resolved in favor of the decision-making procedure providing the greatest opportunity for public notice; and
3. The planning official shall classify the application by determining whether the application is similar in nature and degree to another type of application that has been classified by type as listed in Table 20.210.020-1 and under the same approval criteria applicable to the type of application most similar in nature and degree to the application.
F. Comprehensive Plan Amendments. New development applications or pre-applications which are inconsistent with the comprehensive plan shall not be accepted by the city, until the planning commission recommends approval of a comprehensive plan amendment or in the event that planning commission recommends denial, until the effective date of final action by the city council approving the comprehensive plan amendment on appeal. (Ord. M-4147 § 4, 12/07/2015; Ord. M-3959 § 7, 07/19/2010; Ord. M-3931 § 2, 11/02/2009; Ord. M-3922 § 8, 07/06/2009; Ord. M-3840 § 6, 08/06/2007; Ord. M-3692 § 11, 02/28/2005; Ord. M-3663 § 5, 08/02/2004; Ord. M-3643, 01/26/2004)
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A. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter:
1. Landscaping or landscape alterations, unless such landscaping or alterations would require a permit or approval pursuant to this title or modify or violate an approved plan, plat or a condition of approval of a prior permit. In such instance of modification, the permit shall be processed as a modification of the prior permit under VMC 20.210.140, a plat alteration or other applicable procedure.
2. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping or utilities.
3. A change of any legally-established use except if the change of use requires an increase in the number of parking spaces provided, requires a conditional use permit under Chapter 20.245 VMC, requires Type I or Type II site plan approval under Chapter 20.270 VMC, Site Plan Review, or is otherwise classified in this title as a Type I, II, III or IV action.
4. Building permits required pursuant to the city-adopted building code for construction not requiring a development application under VMC Title 20.
5. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, water hook-ups, right-of-way permits, grading permits, and fire department permits.
6. Home occupation permits.
7. Sign permits.
8. Approval of escrow agreements/accounts.
9. All developments and buildings that are engaged in agriculture as defined in Chapter 20.160 VMC, Use Classifications.
10. Interior remodeling and tenant improvements unless site plan review is triggered under VMC 20.270.020(C) or (D).
11. Independent archaeological predeterminations or surveys not associated with a development application.
12. Short-term rental permits.
B. Other regulations apply. Exemptions in subsection A of this section are subject to all other applicable standards and requirements of the Vancouver Municipal Code. (Ord. M-4433 § 2(D) (Att. B), 2023; Ord. M-3692 § 12, 2005; Ord. M-3643, 2004)
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A. Pre-application conference. A pre-application conference is required for any Type I application, involving land which contains a Critical Area or Buffer, as defined by 20.740 VMC, unless waived pursuant to Section 20.210.080 (B) VMC prior to submittal of an application. A pre-application conference is not required for any other Type I application.
B. Application requirements.
1. Application forms. Type I applications shall be made on forms provided by the planning official.
2. Submittal information. Type I applications shall:
a. Include the information set forth in the chapter of this title governing the permit requested; and
b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and
c. Be accompanied by the required fees.
C. Counter-complete determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to Section 20.210.090 VMC.
D. Fully-complete determination. No later than 21 calendar days after receipt of a counter-complete Type I application, the planning official shall notify the applicant as to the completeness of the application. The city shall make a determination of fully-complete status pursuant to Section 20.210.100 VMC. An application shall not be deemed fully complete until all information required by the code applicable to the permit sought is submitted.
E. Review by Planning Official. Unless accompanied with a SEPA checklist review the planning official shall approve, approve with conditions, or deny a Type I application within 28 calendar days after the date the application was accepted as fully complete; provided, that an applicant may agree in writing to extend the time in which the planning official shall issue a decision. Qualifying Planned Actions and other projects which involve a SEPA Review shall be reviewed within 60 days of a fully complete determination. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city shall not be included in the maximum permitted review period. The planning official may consider new evidence the applicant introduces with or after such a written request for extension. The planning official’s decision shall address all of the relevant approval criteria applicable to the development application.
F. Final Decision. The final decision on a Type I application shall be mailed to the applicant, the property owner, and the applicant’s representative by regular mail. The final decision on a Type I application shall contain the following information:
1. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
2. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;
3. The reasons for a conclusion to approve, approve with conditions or deny the application;
4. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and
5. The date the final decision is signed and the date the appeal period expires.
G. Appeal of Final Decision. A Type I decision becomes effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of Section 20.210.130 VMC shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the planning official, the Type I decision is considered final on the day it is signed by the planning official or on the day the waiver is approved, whichever is later. (Ord. M-3959 § 10, 07/19/2010; Ord. M-3692 § 13, 02/28/2005; Ord. M-3643, 01/26/2004)
A. Pre-application conference. A pre-application conference is required for all Type II applications, unless waived under VMC 20.210.080(B) before a Type II application is submitted. Pre-application conference requirements and procedures are set forth in VMC 20.210.080.
B. Application requirements.
1. Application forms. Type II applications shall be made on forms provided by the planning official.
2. Submittal information. Type II applications shall:
a. Include the information set forth in the chapter of this title governing the permit requested;
b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and
c. Be accompanied by the required fees.
C. Counter-complete determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to VMC 20.210.090.
D. Fully complete determination. No later than 28 calendar days after receipt of a counter-complete Type II application, the planning official shall notify the applicant as to the completeness of the application. Determination of fully complete status shall be pursuant to VMC 20.210.100. An application shall not be deemed fully complete until all information listed in the code applicable to the action requested and/or in the pre-application conference summary is submitted.
E. Notice of Application. Within 14 calendar days after the date a Type II application is determined fully complete, the planning official shall issue a notice of application which shall include all of the following:
1. The case file number(s), the date of application, and the date a fully complete application was filed;
2. A description of the proposed project, and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the city;
3. The proposed SEPA threshold determination, if the optional SEPA process is used; whether the application is categorically exempt from SEPA, the deadline for submitting comments or appeals under Chapter 20.790 VMC, if applicable, or other matters covered by SEPA;
4. The identification of any existing environmental documents that may be used to evaluate the proposed project;
5. A statement of the public comment period, a statement that the public has the right to comment on the application, receive notice of the decision, request a copy of the decision once made, and a notice of any appeal rights;
6. An indication that failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals on that issue. Comments directed at the relevant approval criteria are what constitute relevant evidence;
7. An indication that all evidence relied upon by the planning official to make the decision shall be contained within the record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the planning official;
8. The name of the applicant or applicant’s representative and the name, address, and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning;
10. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
11. The date, place, and times where information about the application may be examined and the name and telephone number of the city representative to contact about the application;
12. An indication that after the comment period closes, the planning official shall issue a Type II notice of decision; and
13. Any additional information determined appropriate by the planning official.
F. Distribution of Notice of Application. The notice of application shall be published in a newspaper of local circulation and sent to the following persons by mail:
1. The applicant and all owners of the site which is the subject of the application;
2. All owners and residents of record of property as shown on the most recent property tax assessment roll, located within 500 feet of the site;
3. Any city recognized neighborhood association whose boundaries include the site;
4. City-recognized neighborhood associations adjacent to the city-recognized neighborhood association whose boundaries include the site;
5. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or which is otherwise entitled to such notice;
6. Any person who requested, in writing, to receive a copy of the notice of application.
G. Comment period. The planning official shall allow 14 calendar days after the date of notice of application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the planning official shall mail to the applicant a copy of written comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to the comments of the planning official within 14 calendar days from the date the comments are mailed. The planning official in making his decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant.
H. Timeline to make Final Decision. The final decision on a Type II application shall be made and mailed pursuant to subsection I of this section not more than 100 calendar days (90 days for short subdivisions) after the date a fully complete determination is made. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.
2. Time spent preparing an environmental impact statement.
3. Time between submittal and resolution of an appeal.
4. Any extension of time mutually agreed upon by the applicant and the city in writing.
I. Final Decision. The final decision on a Type II application shall contain the following information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;
3. The date the planning official’s decision shall become final, unless appealed;
4. A statement that all persons entitled to notice or who have standing under VMC 20.210.130(B)(2) may appeal the decision;
5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the city representative to contact about reviewing the case file;
7. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
8. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;
9. The reasons for a conclusion to approve, approve with conditions or deny the application;
10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law;
11. The date the final decision is mailed; and
12. A copy of the mailing labels showing (a) the persons who were mailed the final decision, and (b) the persons who were mailed the notice of decision.
J. Distribution of the Final Decision. The planning official shall provide an affidavit of mailing of the final decision as part of the file. The final decision shall indicate the date the final decision was mailed and demonstrate that the required final decision was mailed to the necessary parties in a timely manner. A final decision shall be sent by mail to:
1. The applicant and all owners of the site which is the subject of the application;
2. Any city recognized neighborhood association whose boundaries include the boundaries of the project site;
3. City-recognized neighborhood associations adjacent to the city-recognized neighborhood association whose boundaries include the site; and
4. Any person who requested, in writing, to receive a copy of the final decision of the planning official.
K. Notice of Decision. A notice of decision shall include the information contained in subsections (I)(1) through (I)(6), (I)(10) and (I)(11) of this section.
L. Distribution of Notice of Decision. The planning official shall provide an affidavit of mailing of the notice of decision as part of the file. The notice of decision shall indicate the date the notice was mailed and demonstrate that the required notice was mailed to the necessary parties in a timely manner. A notice of decision shall be sent on the same day as the final decision by mail to:
1. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or who is otherwise entitled to such notice;
2. Any person who provided written comments on the application during the public comment period and provided a mailing address.
M. Final Decision and effective date. A Type II decision is subject to the required appeal period when the final decision and the notice of decision are mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of VMC 20.210.130 shall apply. (Ord. M-4496 § 3(A), 2025; Ord. M-4438 § 4(E), 2023; Ord. M-3643, 2004)
A. Pre-application conference. A pre-application conference is required for all Type III applications, unless waived under VMC 20.210.080(B) before a Type III application is submitted. Pre-application conference requirements and procedures are set forth in VMC 20.210.080.
B. Application requirements.
1. Application forms. Type III applications shall be made on forms provided by the planning official.
2. Required submittals. Type III applications shall:
a. Include the information set forth in the chapter of this title governing the action requested;
b. Address the relevant criteria applicable to the action requested in sufficient detail for review and action; and
c. Be accompanied by the required fees.
C. Counter-complete determination. VMC 20.210.050(C) shall apply to Type III applications.
D. Fully complete determination. VMC 20.210.050(D) shall apply to Type III applications.
E. Notice of Application/Hearing. Within 14 calendar days after the date a Type III application is determined fully complete, the planning official shall issue a notice of application to a newspaper of local circulation and to the parties listed in VMC 20.210.050(F) which shall include:
1. The case file number(s), the date of application, and the date a fully complete application was filed;
2. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the city;
3. The proposed SEPA Threshold Determination, if the Optional SEPA Process is used; whether the application is categorically exempt from SEPA, the deadline for submitting comments or appeals under Chapter 20.790 VMC, if applicable, or other matters covered by SEPA;
4. The identification of any existing environmental documents that may be used to evaluate the proposed project;
5. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made; and a notice of any appeal rights;
6. The date, time, place, and type of hearing, if established at the time of the notice of application. If the hearing date has not been established at the time of issuance of the notice of application, the notice of hearing procedures of VMC 20.210.120(B)(1)and (B)(2) shall apply;
7. A statement that a consolidated staff report and SEPA review will be available for inspection at no cost at least 10 calendar days before the public hearing and the deadline for submitting written comments;
8. The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location and zoning;
10. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
11. The date, place, and times where information about the application may be examined and the name and telephone number of the city representative to contact about the application;
12. The designation of the review authority, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the review authority;
13. Any additional information determined appropriate by the planning official.
F. Comment period. The planning official shall allow 30 calendar days after the date of notice of application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the planning official shall mail to the applicant a copy of written comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to the comments of the planning official within 14 calendar days from the date the comments are mailed. The planning official in making his decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant.
G. Timeline to Make Final Decision. The final decision on a Type III application shall be made and mailed pursuant to VMC 20.210.050(H)(1) not more than 170 calendar days (90 days for subdivisions) after the date a fully complete determination is made. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.
2. Time spent preparing an environmental impact statement.
3. Time between submittal and resolution of an appeal.
4. Any extension of time mutually agreed upon by the applicant and the city in writing.
H. Hearing Procedures and Final Decision. VMC 20.210.120(B)(1)(b) through (B)(1)(d) and (B)(3) through (B)(14) shall govern the hearing procedures and final decision for a Type III application.
I. Distribution of Final Decision. VMC 20.210.120(B)(11) shall govern distribution of a final decision on a Type III application.
J. Distribution of Notice of Decision. VMC 20.210.120(B)(13) shall govern distribution of notice of decision on a Type III application.
K. Appeal. VMC 20.210.130 shall govern an appeal of a final decision on a Type III application. (Ord. M-4496 § 3(A), 2025; Ord. M-3643, 2004)
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A. Purpose and findings. Type IV applications are legislative land use actions as well as site-specific rezones and planned developments to be reviewed by the Hearings Examiner or Planning Commission and City Council. Specific Type IV applications are subject to the procedures and review criteria set forth in the applicable sections of the code. The full list of Type IV applications is set forth in VMC 20.210.020(C), Table 20.210.-1.
B. Initiation of Type IV applications. Type IV applications may be initiated by any of the following if authorized by this code:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association or other party; or
3. City staff, Planning Commission or City Council.
C. Exception from consolidated review. Type IV applications, except planned developments, shall be considered exempt from 36.70B.120 RCW requirements which mandate consolidation of all related project permits into a single application review if requested by the applicant. Projects involving a Comprehensive Plan amendment and associated change of zone shall not be processed using concurrent review under VMC 20.210.020(D).
1. Type IV Map amendments: Refer to Chapter 20.285 VMC.
2. Type IV Text amendments: Refer to Chapter 20.285 VMC (Ord. M-3922 § 9, 07/06/2009; Ord. M-3643, 01/26/2004)
Code reviser’s note: ACM M-3643, Amended, 05/20/2008, Correction of Title to Table 1 from Table 20.020-1 to read VMC 20.210.020(C), Table 20.210-1.
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A. Purpose.
1. To acquaint city and other agency staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant of applicable approvals and requirements; and
2. To acquaint the applicant with the applicable requirements of the Vancouver Municipal Code and other laws and to identify issues and concerns in advance of a formal application to save the applicant time and expense through the process. However, the conference is not intended to provide an exhaustive review of all the potential issues. The pre-application conference does not prevent the city from applying all relevant laws to the application.
3. To inform applicable city recognized neighborhood associations of potential development activity within their neighborhoods.
B. Pre-application waivers.
1. A pre-application conference is required for all Type II, Type III and applicant-initiated Type IV applications, and certain Type I applications, unless waived by the planning official. Generally, the planning official may waive the pre-application conference only if he determines that the proposal is relatively simple (e.g., has few, if any, development-related issues), or it involves subsequent phases of an approved development where requirements are known, or an application is substantially similar to a prior proposal affecting substantially the same property, as determined by the planning official. Planning official shall notify affected Neighborhood Associations of proposed development application and copy of pre-application waiver letter. Pre-application conferences shall not be waived for infill developments, pursuant to Chapter 20.920 VMC.
2. To request a waiver of a pre-application conference, the applicant shall submit:
a. A completed pre-app waiver request form provided by the planning official;
b. A written narrative justifying the request for pre-application waiver; and
c. Required fee.
C. Information required for contingent vesting. To qualify for contingent vesting under Section 20.210.110 VMC, the applicant shall submit at a minimum the pre-application items listed in Sections 20.210.080(D)(1)-(6) VMC; provided, that an applicant shall not contingently vest unless the applicant submits all of the information required for the actual application within the timeframe set forth in Section 20.210.110 VMC. The planning official may modify requirements for pre-application materials and may conduct a pre-application conference with less than all of the required information. However, failure to provide all of the required information may prevent the planning official from identifying all applicable issues or providing the most effective pre-application conference and may preclude contingent vesting under Section 20.210.110 VMC. Review for completeness of the pre-application submittal will not be conducted by staff at the time of submittal and completeness is the responsibility of the applicant.
D. Application for a pre-application conference – Application – Fees. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC. The planning official may waive submittal requirements upon request if found to be inapplicable to the proposed development:
1. Completed and signed pre-application conference request form provided by the planning official.
2. Information legible for digital reproduction and clearly marked with the following: project name; vicinity map; scale; north arrow; date; applicant’s name, phone and fax numbers; contact person’s name, phone and fax numbers.
3. A GIS packet obtained from Clark County’s Department of Assessment and GIS department for all properties covered by the application.
4. A narrative description of the following:
a. Uses proposed for the site.
b. Hours of operation.
c. Estimated vehicular traffic to and from the site.
5. Preliminary architectural information. A brief narrative description of the following:
a. Gross square footage of each structure and outdoor activity center proposed to be built or retained on site.
b. Proposed and potential uses and occupancy group of each structure proposed to be built or retained on site.
c. Number of floors, building height, and construction type of each structure and outdoor activity area proposed to be built on site.
d. Conceptual plans showing at least the gross square footage of each structure proposed to be built or retained on site.
e. Conceptual elevation drawing of each structure proposed to be built or retained on site.
f. Show the dimensions and area of the project site.
6. Existing and Proposed on-site Structures and Improvements:
a. Identify use(s) of all existing and proposed structures.
b. Location, dimensions, and height of all existing and proposed buildings and structures.
c. Location and dimensions of existing and proposed recreation areas and open space.
d. Location of existing and proposed driveways, off-street parking and loading areas, bicycle parking, and pedestrian and bicycle pathways.
e. Location, dimensions, and screening of proposed solid waste/recyclables storage areas.
f. Existing or conceptual plan showing lighting and landscaping. Landscape plan should include location of driveways and buffering off-street parking and loading areas.
g. Location and dimensions of existing and proposed streets, rights-of-way and public and private access easements on and adjoining the site.
h. Location and dimensions of all existing and proposed above ground and below ground utilities.
7. Preliminary engineering information. Provide a conceptual drawing or sketch showing the following:
a. Approximate location of existing fire hydrants within a one-hundred foot (100’) radius of the site.
b. Preliminary assessment of low impact development implications and proposed method of providing storm-water drainage on the site as required in VMC 14.25.
c. Strategy narrative for proposed erosion control measures as required in VMC 14.24.
d. Proposed grading activity for the site, indicating areas of native soil preservation, compaction prevention, and proposed cuts and fills.
E. Notice. Within 14 calendar days after receipt of an application for a pre-application conference, the planning official shall mail written notice to the applicant and to other interested agencies and parties, including the neighborhood association in whose area the property in question is situated. The notice shall state the date, time, location, and purpose of the pre-application conference.
F. Planning Official’s role. The planning official shall coordinate the involvement of agency staff responsible for planning, development review, roads, drainage, parks and other subjects, as appropriate, in the pre-application conference process. Relevant staff shall attend the pre-application conference or shall take other steps to fulfill the purposes of the pre-application conference.
G. Scheduling. The pre-application conference shall be conducted at least five calendar days after the notice is mailed but not more than 28 calendar days after the planning official accepts the application for pre-application conference. The planning official shall reschedule the conference and give new notice if the applicant or applicant’s representative cannot or does not attend the conference when scheduled.
H. Pre-application conference summary. The planning official shall provide to the applicant, other attending parties, and those who request a copy of the pre-application summary report in writing. The written summary generally shall do the following to the extent possible given the information provided by the applicant:
1. Summarize the proposed application(s);
2. Identify the relevant approval criteria and development standards in the Vancouver Municipal Code or other applicable law and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;
3. Evaluate submitted information the applicant offered to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;
4. Identify applicable application fees in effect at the time, with a disclaimer that fees may change;
5. Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:
a. Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;
b. Physical development limitations, such as steep or unable slopes, wetlands, well-head protection areas or water bodies, that may exist on and in the vicinity of the property subject to the application;
c. Those public facilities that will serve the property subject to the application, including fire services, roads, storm drainage, and, if residential, parks and schools, and relevant service considerations, such as minimum access and fire-flow requirements or other minimum service levels and impact fees; and
d. Confirm the application submittal requirements and what submittal information is waived.
e. Where applicable, indicate whether the pre-application submittal was complete so as to trigger contingent vesting under Section 20.210.110 VMC.
I. Request for second conference. An applicant may submit a written request for a second pre-application conference within one calendar year after an initial pre-application conference. There is no additional fee for a second conference if the proposed development is substantially similar to the one reviewed in the first pre-application conference or if it reflects changes based on information received at the first pre-application conference. A request for a second pre-application conference shall be subject to the same procedure as the request for the initial pre-application conference.
J. Expiration. The pre-application comments from the city shall expire one year from the date the pre-application conference is held. A counter-complete application that the planning official finds is substantially similar to the subject of a pre-application conference must be submitted within one calendar year after the last pre-application conference or after approval of waiver of pre-application conference. Once the pre-application comments have expired the applicant must file a new request for a pre-application conference or receive approval of a pre-application waiver request in order to submit a development application. (Ord. M-4325 § 3, 2020; Ord. M-4179 § 67, 2016; Ord. M-3692 § 14, 2005; Ord. M-3643, 2004)
A. Prior to acceptance of application. Before accepting Type I, II, or III applications or applicant-initiated Type IV applications Map Amendments, a planning staff member from the city shall determine that the application is counter-complete. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application.
B. Complete application. If the planning staff member decides that the application is counter-complete at the time of application, the application shall be accepted for review for fully-complete status.
C. Incomplete application. If the planning staff member decides the application is not counter-complete, he or she shall immediately reject the application and identify what is needed to make the application counter-complete.
D. Application content. A counter-complete application shall include all of the items listed in the chapter of the code applicable to the type of development proposed, unless waived in writing by the planning official. (Ord. M-3643, 01/26/2004)
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A. Determination. Within 28 calendar days after receiving a counter-complete Type II or III application or applicant-initiated Type IV Map Amendment application, the planning official shall mail or provide in person a written determination to the applicant stating either:
1. That the application is fully complete; or
2. That the application is not fully complete and what is necessary to make the application complete.
B. Application content. An application shall include all of the information listed as application requirements in the application form; provided, that:
1. The planning official may upon written request waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed before applications are submitted for counter-complete review, or discussed at the pre-application conference, and confirmed in the pre-application conference summary.
2. The decision about the fully-complete status of an application, including any required engineering, traffic or other studies, shall be based on the criteria for completeness and methodology set forth in the Vancouver Municipal Code or in implementing measures adopted in a timely manner by the planning official and shall not be based on differences of opinion as to quality or accuracy.
3. An application’s fully-complete and vesting status may be revoked if the planning official determines that the applicant intentionally submitted false information.
C. Incomplete application. If the planning official decides an application is not fully complete, then, within the time provided in Subsection (A) of this section, the planning official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.
1. The statement shall specify a date by which the required missing information must be provided to restart the fully-complete review process. The statement shall state that an applicant can apply to extend the deadline for filing the required information and explain how to do so.
2. The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, will be required to address other issues that are relevant to the review.
3. If the required information is not submitted by the date specified and the planning official has not extended that date, within seven calendar days after that date, the planning official may take the action in subsections 3(a) and 3(b) of this section. If the required information is submitted by the date specified, then within 14 calendar days, the planning official shall decide whether the application is fully complete and, if not, the planning official may:
a. Reject and return the application and an amount up to 80% of the application fees by mail, together with a written statement that lists the remaining additional information needed to make the application fully complete; or
b. Issue a decision denying the application, based on a lack of information. Provided, the planning official may allow the applicant to restart the fully-complete review process a second time by providing the required missing information by a date specified by the planning official, in which case the planning official shall retain the application and fee pending expiration of that date or a fully-complete review of the application as amended by that date.
D. Fully-complete application. If the planning official determines that a Type I, II, or III application is fully complete, he or she shall:
1. If a Type I application, issue a Notice of Decision within 28 calendar days pursuant to Section 20.210.040(F) VMC;
2. If a Type II application, issue a Notice of Application within 14 calendar days pursuant to Section 20.210.050(E) VMC.
3. If a Type III application, issue a Notice of Application/Hearing within 14 days pursuant to Section 20.210.060(E) VMC.
E. Automatic determination. A Type I, II, or III application and applicant-initiated Type IV-Map Amendment application shall be determined fully complete if a written determination has not been mailed to the applicant within 28 calendar days of the date the counter-complete application is received by the city. An application shall be determined fully complete if a written determination has not been mailed to the applicant within 14 calendar days of the date that the necessary additional information is submitted pursuant to subsection (C).
F. Fully complete date. The date a fully-complete application is filed for purposes of vesting is the date the counter-complete application is originally filed or the date any necessary additional information is submitted pursuant to subsection (C), whichever is later, regardless of whether the application is determined to be fully complete under subsection (A)(1) or automatically determined fully complete under subsection (E).
G. Request for additional information. A fully-complete determination shall not preclude the city from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. (Ord. M-4105 § 3, 11/17/2014; Ord. M-3840 § 7, 08/06/2007; Ord. M-3643, 01/26/2004)
A. Vested application. Type I, II, or III applications shall be considered under this chapter and the zoning, development and other land use control ordinances contained in the VMC, and any uncodified ordinances modifying the same, in effect on the date a fully complete application is filed with the city. For the purposes of this section, a vested application shall mean that the applicant is entitled to implement the development proposal described in the application, under the zoning, development and land use ordinances applied by the city in its review of the application without being subject to changes in development regulations subsequent to the submittal date except to the extent allowed by the city’s police power to protect the public health, safety, and welfare.
Once an application is approved and if the approval contains a detailed description of the uses, including a detailed site plan drawn to scale, specifying the location of all buildings and improvements to be constructed in conjunction with the use(s), and such site plan is consistent with all laws and regulations in effect at the time the original application vested, then all land use applications in connection with the approved use(s) and/or site plan are vested to the laws and regulations in effect at the time of the vesting of the original permit application, until the land use approval expires.
B. Contingent vesting. An application which is subject to a pre-application conference shall contingently vest on the date a complete pre-application is filed, if a fully-complete application for substantially the same proposal is filed within 180 calendar days of the date the review authority issues its written summary of the pre-application conference, and provided the pre-application submittal met the requirements of 20.210.080(C).
C. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the planning official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project, and the city while maintaining consistency with the comprehensive plan. Applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances the development remains subject to and will not be significantly detrimental to the health, safety, or general welfare of the city. Planning official shall review and either approve the request or determine if a new application must be submitted.
D. Exception to vesting. Unless expressly authorized elsewhere in this title, vested rights shall apply only to development regulations and shall not be applied to development review fees or impact fees. (Ord. M-3643, 01/26/2004)
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A. Assignment of review bodies.
1. Proposed land use actions shall be reviewed as indicated in Table 20.210.020-1. All listed actions reviewed by the Hearings Examiner, Planning Commission, and City Council shall be conducted at a public hearing according to the applicable procedures in the Vancouver Municipal Code, and decisions shall be issued based on compliance with applicable standards, pursuant to this title.
2. The planning official shall have the authority to assign the review body in cases in which this chapter and the Vancouver Municipal Code do not clearly identify the appropriate review body. The act of assigning the review body shall be a Type I decision.
B. Hearing requirements. Hearing requirements applicable to the Hearings Examiner and Planning Commission actions (appeals of Type I and II applications and initial review of Type III applications and applicant-initiated Type IV Map Amendment applications).
1. Notice of hearing. Notice of a Type I or II appeal hearing shall be given by the planning official in the following manner (notice of hearing for a Type III application or applicant-initiated Type IV Map Amendment application is governed by Section 20.210.060(E) VMC):
a. At least 10 calendar days prior to the hearing date, notice shall be sent by mail to:
1. The applicant and all owners of the site that is the subject of the application;
2. All parties of record;
3. Any neighborhood or community organization recognized by the City Council and whose boundaries include the site;
4. Any person who has submitted a written request to be notified; and
5. The appellant and all parties to the appeal.
b. The planning official shall cause an affidavit of mailing of notice to be prepared and made a part of the file, which demonstrates the date that the required notice was mailed to the necessary parties.
c. At least 10 calendar days prior to the hearing, notice of the hearing shall be given in a newspaper of general circulation in the city. An affidavit of publication concerning such notice shall be made part of the administrative record.
d. At least 10 calendar days prior to the hearing, notice of the hearing shall be posted on the site, pursuant to subsection (2) below. An affidavit of posting concerning such notice shall be prepared and shall be submitted and made part of the administrative record.
2. Content of notice. Notice of a Type I or II appeal hearing shall contain the following information:
a. Explain the nature of the appeal.
b. List the applicable criteria that apply to the appeal issues.
c. Set forth the street address or other easily understood geographical reference to the subject property.
d. State the date, time, and location of the hearing.
e. State that the failure to raise an issue at the hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue may preclude further appeal based on that issue.
f. Include the name of a city representative to contact and the telephone number where additional information may be obtained.
g. State that a copy of the appeal and all documents and evidence submitted by or on behalf of the appellant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost.
h. State that a copy of the staff report shall be available for inspection at least 10 calendar days prior to the hearing, and that a copy shall be provided at a reasonable cost.
i. Include a general explanation of the requirements for submission of testimony and the procedure for conducting hearings.
3. Staff report issuance. At least 10 calendar days before the date of the hearing for a Type III application, an applicant-initiated Type IV Map Amendment application or Type I or II appeal hearing, the planning official shall issue a written staff report and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation without charge to the applicant and applicant’s representative. The planning official shall mail or provide a copy of the staff report at reasonable charge to other parties who request it. If the planning official does not issue the staff report at least 10 days before the date of the hearing, the applicant or appellant shall be entitled to ask for a continuance without penalty.
4. Conduct of the hearing. At the commencement of the hearing, a statement shall be made to those in attendance that:
a. The Hearings Examiner or chair of the Planning Commission, as the case may be, shall:
1. State that testimony and evidence shall be directed toward the relevant criteria described in the staff report or other criteria in the plan or land use regulation that the person testifying believes to apply to the decision;
2. State that failure to raise an issue at the hearing may limit the issues that can be considered at the City Council hearing.
b. Staff shall present a staff report, containing a summary of the proposal or appeal, and recommended findings and conclusions. Conditions of approval for a Type III application may be recommended.
c. The applicant or appellant shall be entitled to present evidence and argument in support of the application(s) or appeal.
d. Any participant may present evidence and argument for or against the proposal or appeal.
e. The applicant or appellant shall have the final opportunity to conclude its case before close of the public hearing.
f. The Hearings Examiner or chair of the Planning Commission shall declare the public hearing closed and may have questions for staff, the applicant/appellant, or any member of the public who testified.
5. Additional evidence. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony regarding the application so long as that evidence and testimony is within the scope of the hearing. The Hearings Examiner or the Planning Commission may grant such a request by continuing the public hearing pursuant to Subsection 5 (a) below or by leaving the record open for additional written evidence or testimony pursuant to Subsection 5(b) below.
a. Continuance. If the Hearings Examiner or the Planning Commission grants a continuance, the hearing shall be continued to a date, time, and place certain at least seven calendar days from the date of the initial evidentiary hearing. Further notification is not required in such cases. Continuation of hearings to time or place uncertain is also permitted, provided that new notice is given pursuant to this chapter. If the applicant initiates a hearing continuance after public notice is mailed, or causes a continuance by providing inadequate information, fees as per Section 20.180 VMC shall apply. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven calendar days to allow the submittal of written evidence or testimony for the purpose of responding to the new written evidence;
b. Record left open. If the Hearings Examiner or Planning Commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven calendar days. The Hearings Examiner or Planning Commission shall state where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the hearing. Any participant may file a written request with the Hearings Examiner or Planning Commission for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the Hearings Examiner or Planning Commission shall reopen the record pursuant to this subsection. Unless waived by the applicant, the Hearings Examiner or Planning Commission shall allow the applicant at least seven calendar days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant’s final submittal shall be considered part of the record, but shall not include any new evidence.
6. Content and custody of the record.
a. The record shall contain all testimony and evidence that is submitted and not rejected;
b. The Hearings Examiner or Planning Commission may take official notice of judicially-cognizable facts pursuant to the applicable law. If the Hearings Examiner or Planning Commission takes official notice, the Hearings Examiner or Planning Commission must announce this intention and allow the parties to the hearing to present evidence concerning the fact;
c. The Hearings Examiner or Planning Commission shall retain custody of the record as appropriate, until a final decision is rendered.
7. Impartiality. Parties to a Type III application or applicant-initiated Type IV Map Amendment hearing and Type I or II appeal hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials. Therefore:
a. The Hearings Examiner or any member of the Planning Commission shall disclose the substance of any pre-hearing ex parte contacts (excluding de minimis contacts) with regard to the matter at the commencement of the public hearing on the matter. The Hearings Examiner or member of the Planning Commission shall state whether the contact has impaired the impartiality or ability of the examiner to decide, or the Planning Commission member to vote on, the matter and shall participate or abstain accordingly;
b. The Hearings Examiner or member of the Planning Commission shall not participate in any proceeding or action in which any of the following has a direct financial interest excluding de minimis interests: The Hearings Examiner or member of the Planning Commission or said person’s spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed by the Hearings Examiner or member of the Planning Commission at the hearing where the action is being taken;
c. In cases involving the disqualification or refusal of a Hearings Examiner, the city shall provide a substitute Hearings Examiner in a timely manner subject to the above impartiality rules. In cases involving the disqualification or refusal of a member of a Planning Commission, the remaining members of the Planning Commission shall hear the case.
8. Ex parte communications.
a. The Hearings Examiner or member of the Planning Commission shall not:
1. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to participate.
2. Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case.
b. No decision or action of the Hearings Examiner or Planning Commission shall be invalid due to ex parte contacts or bias resulting from ex parte contacts with the Hearings Examiner or member of the Planning Commission if the Hearings Examiner or member of the Planning Commission:
1. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and
2. Makes a public announcement of the content of the communication and of the parties’ right to rebut the substance of the communication made at the first hearing following the communication where action shall be considered or taken on the subject to which the communication is related.
c. Communication between city staff and the Hearings Examiner or Planning Commission as part of a Type III application or an applicant-initiated Type IV-Map Amendment application or appeal of a Type I or II appeal hearing shall not be considered ex-parte contact.
9. Presenting and receiving evidence.
a. The Hearings Examiner or Planning Commission may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony;
b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, but only pursuant to the schedule and procedure announced by the Hearings Examiner or chair of the Planning Commission prior to the close of the public hearing, or as otherwise provided by this section;
c. The Hearings Examiner or members of the Planning Commission may visit the site and the surrounding area, and may use information obtained during the site visit to support his or her decision, provided the information relied upon is disclosed at the hearing and that an opportunity is provided to rebut such evidence. In the alternative, a site visit may be conducted by the Hearings Examiner or the Planning Commission for the purpose of familiarizing the reviewing body with the site and the surrounding area, but not for the purpose of independently gathering evidence. In such a case, at the commencement of the hearing, the Hearings Examiner or members of the Planning Commission shall disclose the circumstances of the site visit and shall provide the parties with an opportunity to question the Hearings Examiner or members of the Planning Commission concerning the site visit.
10. The decision process.
a. Basis for decision. Approval, conditional approval or denial of a Type III application, an applicant-initiated Type IV Map Amendment application or a Type I or II appeal shall be based on standards and criteria, which shall be set forth in the Vancouver Municipal Code or in uncodified ordinances.
b. Final Decision. The Hearings Examiner or Planning Commission shall issue a final order containing the following information:
1. The nature of the application or appeal in sufficient detail to apprise persons entitled to notice of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;
3. If the actual decision is not mailed, a statement of where the Final Decision can be obtained;
4. The date the decision shall become final, unless appealed.
5. A statement that all persons entitled to notice or who have standing under Section 20.210.130(B)(2) VMC may appeal the decision;
6. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;
7. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the city representative to contact about reviewing the case file;
8. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
9. A statement of the facts demonstrating how the application or appeal does or does not comply with applicable approval criteria;
10. The reasons for a conclusion to approve, deny or condition the application or appeal;
11. The decision to approve or deny the application or appeal, and if approved, conditions of approval necessary to ensure the proposed development will comply with the applicable law;
12. The date the Final Decision is mailed; and
13. Copies of the mailing labels showing the persons who were mailed the Notice of Decision.
14. A statement regarding any procedural issues decided in the case, with the reasons to approve or deny said procedural request, if any.
c. Decision-making time limits. A Final Decision for any Type III application, applicant-initiated Type IV Map Amendment application, or Type I or II appeal decisions shall be filed with the planning official within 14 calendar days after the close of the record.
11. Distribution of Final Decision. A Final Decision on a Type III application or, applicant-initiated Type IV Map Amendment application, or Type I or II appeal decision shall be mailed, to the following persons:
a. The applicant and/or appellant;
b. The owner(s) of the property included in the subject application or appeal;
c. Any city-recognized neighborhood group whose boundaries include the site;
d. Anyone who requested in writing a notification of the decision on a particular matter.
e. The planning official shall cause an affidavit of mailing of such Final Decision to be prepared and made a part of the file, which indicates the date the notice was mailed and demonstrates that the required notice was mailed to the necessary parties in a timely manner.
12. Contents of Notice of Decision. A Notice of Decision shall include the information contained in Section 20.210.120(B)(10)(b)(1)-(12) VMC.
13. Distribution of the Notice of Decision. A Notice of Decision of a Type III application, applicant-initiated Type IV Map Amendment application, or Type I or II appeal decision shall be mailed on the same day as the Final Decision to the following persons:
a. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city that includes provision for such notice or which is otherwise entitled to such notice;
b. Anyone who provided oral or written testimony entered into the record at the public hearing.
14. Final Decision and effective date. A Hearings Examiner or Planning Commission decision is final for purposes of appeal when the Final Decision and Notice of Decision is mailed. Such decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of Section 20.210.130 VMC shall apply.
C. Hearing requirements applicable to City Council hearings.
1. Unless otherwise provided in the rules of procedure adopted by the City Council, for both closed-record hearings and open-record hearings:
a. The Mayor or Mayor pro tem shall have the authority to:
1. Regulate the course, sequence, and decorum of the hearing;
2. Dispose of procedural requirements or similar matters; and
3. Impose reasonable time limits for oral presentations.
b. No person shall address the council without:
1. Receiving recognition from the Mayor or Mayor pro tem; and
2. Stating their full name and residence address.
3. Disruptive conduct such as audience demonstrations in the form of applause, cheering or display of signs may be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing or other appropriate action determined by the Mayor or Mayor pro tem.
2. Unless otherwise provided in the rules of procedures adopted by the City Council, the Mayor or Mayor Pro Tem shall conduct the hearing as follows:
a. The hearing shall be opened by a statement from the Mayor and/or City Attorney setting forth the nature of the matter before the body, a general summary of the procedures applicable to the hearing, and a summary of the standards for decision-making;
b. A presentation of the staff report shall be given;
c. For open-record hearings, the public shall be invited to testify;
d. For open-record hearings, the public hearing may be continued to allow additional testimony or it may be closed; and
e. The City Council’s deliberation may include questions to the staff, comments from the staff, or inquiries directed to any person present. (Ord. M-3931 § 3, 11/02/2009; Ord. M-3922 § 10, 07/06/2009; Ord. M-3840 § 8, 08/06/2007; Ord. M-3701 § 6, 05/04/2005; Ord. M-3643, 01/26/2004)
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A. Appeal submittal. Any party with standing under Section 20.210.130(B) VMC may submit a written appeal of any Type I, II or III decision to the planning official containing the following items listed below. The appeal must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until the city reaches a final decision on the appeal, except as provided for by 20.210.040G VMC.
1. The case number designated by the city and the name of the applicant;
2. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative for all contact with the planning official. All contact with the planning official regarding the appeal, including notice, shall be with the contact representative;
3. The specific aspect(s) of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law;
4. A statement demonstrating that the specific issues raised on appeal were raised during the period in which the record was open;
5. The appeal fee as per Chapter 20.180 VMC, Fees. The fee shall be refunded if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date.
B. Standing to appeal.
1. Type I decision. Only the applicant and property owner have standing to appeal a Type I decision, unless otherwise specified in this title.
2. Type II decision. The following parties have standing to appeal a Type II decision:
a. The applicant or owner of the subject property;
b. Any party eligible for written notice of a pending Type II administrative decision.
c. Any other party who demonstrates that they participated in the decision process through the submission of written testimony.
3. Type III decision. The following parties have standing to appeal a Type III decision:
a. The applicant or owner of the subject property;
b. Any party who testified verbally or in writing at the public hearing;
c. Any other party, who demonstrates that they participated in the decision process through the submission of written testimony;
d. Any party who provides a written request for a copy of the notice of decision; and
e. City staff.
4. Type IV Map Amendment Decision. The following parties have standing to appeal a Type IV Map Amendment decision:
a. The applicant or owner of the subject property;
b. Any party who testified verbally or in writing at the public hearing;
c. Any other party, who demonstrates that they participated in the decision process through the submission of written testimony;
d. Any party that provides a written request for a copy of the notice of decision; and
e. City staff.
C. Appeal review process.
1. All complete appeals submitted which are eligible as specified in this chapter shall be scheduled for review at a public hearing such that a final decision can be rendered within 60 calendar days for closed-record appeals, and within 90 calendar days for open-record appeals. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the planning official. If a final decision is not reached within this time, the planning official shall so notify the appellant and shall provide a reason for the delay and an estimated date of final decision issuance.
2. Notice of the appeal hearing shall be mailed to all parties listed in Section 20.210.120(B)(11) and (13) VMC.
3. Appeal hearings shall be open or closed record as indicated in Table 20.210.130 -1 below.
a. An open-record appeal hearing before the Hearings Examiner shall be conducted according to the procedures set forth in Section 20.210.120-B VMC.
b. A closed-record appeal hearing before the City Council shall be limited to argument from the appellant, the applicant and city staff, and deliberation by the City Council. Argument and deliberation shall be limited to the record established at the original open-record hearing. The record shall consist of testimony and deliberation at the original hearing as recorded by an audio/visual tape or transcript certified as accurate and complete, any other materials submitted into the record, and the final order being appealed.
c. Hearing rules shall otherwise be as specified by the review body.
d. Notice of appeal decisions shall be mailed to all parties listed under Section 20.210.130(C)(2) VMC.
4. See Section 20.285 VMC for additional rules applicable to appeals for Type IV decisions.
Table 20.210.130-1. Appeal Bodies
Land Use Action | Review Authority if Appealed, and Open (O) or Closed (C) Record Hearing |
|---|---|
Type I Applications | Hearings Examiner (O); Further appeal to Superior Court |
Type II Applications | Hearings Examiner (O); Further appeal to Superior Court |
Type III Applications | City Council (C); Further appeal to Superior Court |
Type IV Applications | Superior Court |
D. Subsequent appeals.
1. Appeal decisions by any review body may be subsequently appealed to Superior Court within 21 calendar days after the date of decision, subject to compliance with appeal eligibility and notice provisions as specified by Chapter 36.70C RCW.
2. Appeal decisions by the Hearings Examiner or City Council on shoreline substantial development permits, shoreline variance permits, and shoreline conditional use permits may be subsequently appealed to the State Shoreline Hearings Board pursuant to applicable law. (Ord. M-3931 § 4, 11/02/2009; Ord. M-3922 § 11, 07/06/2009; Ord. M-3643, 01/26/2004)
A. Applicability.
1. Except for recorded short subdivision and subdivision plats, planned developments and public facility master plans, post-decision procedures may modify the development without necessarily subjecting the change to the same procedure as the original application. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits or laws.
2. At any time, a party to a final decision made under this chapter or their successor in interest may file with the planning official an application for post-decision review of a Type I, II or III decision, describing the nature of the proposed change to the decision and the basis for that change, including the applicable facts and law, together with the fee prescribed for that application, as provided in Chapter 20.180 VMC, Fees.
3. An application for post-decision review is not subject to pre-application review. It is subject to counter-complete and fully-complete determinations; provided, that the planning official shall not require an application for post-decision review to contain information that is not relevant and necessary to address the requested change or the facts and law on which it is based.
4. As part of a determination of completeness of an application for post-decision review of a Type I, II or III decision, the planning official shall classify the application as a Type I, II or III procedure and advise the applicant in writing of that classification. In addition, all Parties of Record from the original decision shall also be notified of the decision in writing. The classifications in the table are recommended, but the classification of each post-decision review shall be based on the circumstances of that decision and the guidelines in subsection (B) of this section. The decision classifying the application shall be subject to appeal as part of the decision on the merits of the post-decision review.
5. Post-decision review cannot substantially change the nature of development proposed pursuant to a given decision. As part of a determination of completeness of an application for post-decision review of a Type I, II or III decision, the planning official may issue a decision that the proposed change in a decision should not be subject to post-decision review; it should be subject to a new application on the merits of the request. That decision may be appealed to the Hearings Examiner pursuant to Section 20.210.130 VMC.
6. An application for post-decision review does not extend the deadline for filing an appeal of the decision being reviewed and does not stay appeal proceedings.
7. Post-decision review can only be conducted in regard to a decision that approves or conditionally approves an application. An application that is denied is not eligible for post-decision review.
B. Exceptions. The provisions in this section do not apply to the following:
1. Recorded subdivision plats. See Section 20.320.080(D) VMC.
2. Planned developments. See Section 20.260.030(B)(3).
3. Public facility master plans. See Section 20.260.040(C).
C. Classification of post-decision review.
1. An application for post-decision review of a Type I decision shall be subject to a Type I review procedure.
2. An application for post-decision review of a Type II decision shall be subject to a Type I review procedure if the review authority finds the requested change in the decision:
a. Does not increase the potential adverse impact of the development authorized by the decision; and
b. Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and
c. Does not involve an issue of broad public interest, based on the record of the decision; and
d. Does not require additional SEPA review.
3. An application for post-decision review of a Type II decision shall be subject to a Type II review procedure if it is not subject to Type I review.
4. An application for post-decision review of a Type III decision shall be subject to a Type I review procedure if the review authority finds the requested change in the decision:
a. Reduces the potential adverse impact of the development authorized by the decision; and
b. Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and
c. Does not involve an issue of broad public interest, based on the record of the decision.
5. An application for post-decision review of a Type III decision shall be subject to a Type II review procedure if the review authority finds the requested change in the decision:
a. Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination; and
b. Is needed to address a minor change in the facts or the law, including a permit to which the development is subject; and
c. Does not involve an issue of broad public interest, based on the record of the decision.
6. An application for post-decision review of a Type III decision shall be subject to a Type III review procedure if it is not subject to a Type I or II procedure.
7. When a post-decision request for a change involves a condition of approval that was imposed in the original decision to address a specific potential impact of the proposed development, then that condition of approval can be changed only using the same type process as the original decision.
D. Modification. Modification of a decision other than by a timely appeal or post-decision review shall be accomplished by means of new application; provided, that a new application cannot be filed within one calendar year after the date of a decision denying a substantially similar application, unless such earlier decision provided otherwise.
E. Vesting. Applications which qualify for post decision review shall remain vested to the laws in place at the time of the original application vested. (Ord. M-3643, 01/26/2004)
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A. Establishment. Pursuant to Article XI, Section 11 of the Washington State Constitution and Section 8.01 of the City Charter, a Vancouver planning commission shall be established and maintained consisting of seven residents of the city or Vancouver Urban Growth Area to be appointed by the mayor with the approval of the city council.
B. Representative membership. In selecting members for appointment to the planning commission, the mayor and city council shall seek to provide representation to a wide variety of neighborhoods, businesses and other interests concerned with the land use, development and quality of life in Vancouver. No more than one member of the planning commission may represent the unincorporated urban growth area intended to annex and develop as a part of the city of Vancouver.
C. Authority and responsibilities.
1. The planning commission shall have such powers and perform such duties as are prescribed by Chapter 35.63 RCW, other applicable state law, and the city code. The planning commission shall review and make recommendations to city council on planned developments greater than 25 acres in size, amendments to the comprehensive land use plan, amendments to the zoning map of 25 acres or greater in size, and implementing standards and regulations that are generally legislative in nature.
2. The planning commission is specifically responsible for the following:
a. Formal review of actions listed under Chapters 20.210 and 20.285 VMC, and review of SEPA appeals filed pursuant to such actions.
b. Informal or advisory review of studies, analysis or reports related to land use matters as directed by city council.
c. Other duties related to land use matters as directed by city council, provided they are not inconsistent with state law.
D. Terms. Except as provided in this section, the term of office for each member shall be four years, running from January 1st to December 31st. No member may serve more than three consecutive terms. Any vacancy that is not a result of the expiration of a term shall be filled for the unexpired term. Members may be removed by the mayor with the concurrence of city council, for misconduct or neglect of duties or for three consecutive unexcused absences.
E. Organization.
1. In December of each year, the planning commission shall elect a chair, vice-chair and such other officers as the planning commission determines it requires. The term of office for each officer shall run until the subsequent election; provided, that vacancies caused by resignation or removal shall be filled for the remaining term of office.
2. The planning commission shall adopt rules for the transaction of its business.
3. The planning commission may appoint standing or special committees to which it may assign specific responsibilities, provided that such committee(s) shall make no recommendations except to the planning commission.
F. Meetings. The planning commission shall establish regular monthly or twice-monthly meetings dates pursuant to Chapter 42.30 RCW; provided, that, if no matters are pending, a regular meeting may be canceled. Special meetings of the planning commission may be called pursuant to the provisions of state law.
G. Actions. All actions of the planning commission shall be determined by a majority vote in a meeting at which a quorum is present. A majority of total appointed membership of the planning commission shall constitute a quorum. (Ord. M-3931 § 5, 11/02/2009; Ord. M-3840 § 9, 08/06/2007; Ord. M-3691 § 1, 02/28/2005)
This title utilizes a Hearings Examiner, as created and authorized in VMC Chapter 2.51. (Ord. M-3643, 01/26/2004)
A. Role of City Council. The role of the City Council in carrying out the provisions of Title 20 VMC is to:
1. Render final decisions on all planned developments, final subdivision plats, and text and map amendments;
2. Adopt new comprehensive land use plans, subarea plans, planned actions and area-wide rezoning;
3. Render decisions on annexations under Chapter 20.220 VMC;
4. Render decisions on development agreements; and
5. Hear and decide appeals of certain land use decisions as set forth in Chapter 20.210 VMC.
B. Additional authority. The City Council shall have the authority to adopt any other land use related plans and ordinances authorized by law. (Ord. M-3643, 01/26/2004)
A. Authority. The city of Vancouver is established as a “certified local government” as determined by state and federal historic preservation standards. The standards require a commission to serve as the review authority on matters of historic preservation. The Clark County historic preservation commission, as provided in Clark County Code, Section 40.250.030, shall serve as the review authority on matters of historic preservation as outlined in subsection D of this section for properties within the city of Vancouver.
B. Composition of the Commission.
1. The Clark County historic preservation commission shall consist of seven members. Five members of the commission shall be appointed by the Clark County council and shall be residents of the county and two members of the commission shall be appointed by the Vancouver city council and shall be residents of the city except as provided for in subsection (B)(2) of this section.
2. The Vancouver city council and the Clark County council shall coordinate to ensure that the commission includes at least two professionals who have experience in identifying, evaluating and protecting historic and cultural resources and are selected from among the disciplines of history, public history, architecture, architectural history, historic preservation, planning, cultural anthropology, cultural geography, American studies or the practice of historic rehabilitation or restoration. The commission may take action even if there is a temporary vacancy in one or all of the professional positions. An exception to the residency requirement of the commission members may be granted by the Vancouver city council for the commission members appointed by the city council in order to obtain representatives from these disciplines.
C. Terms. The terms shall be for three years. Membership on the commission shall be limited to two full consecutive three-year terms. Reappointment after two consecutive terms may be made after at least a one-year absence. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term. Members may be removed by the city or county councils for inefficiency, neglect of duty or malfeasance in office.
D. Powers and Duties. The major responsibilities of the commission are to identify and actively encourage the conservation of the city and county’s historic and cultural resources by initiating and maintaining a register of historic places and reviewing proposed changes to register property(ies); to raise community awareness of the county’s historic and cultural resources; and to serve as the county’s primary resource in matters of historic preservation. In carrying out these responsibilities, the commission shall engage in the following activities:
1. Conduct and maintain a comprehensive inventory of historic and cultural resources within the boundaries of the city of Vancouver to be included in the Clark County cultural resources inventory; publicize, and periodically update, inventory results;
2. Maintain the Clark County heritage register (CCHR). This official register shall be comprised of buildings, structures, sites, objects and districts identified by the commission as having historic significance worthy of recognition by the county and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties;
3. Review nominations to the Clark County heritage register according to criteria in VMC 17.39.060 and 17.39.070 and adopt standards in its rules and procedures to be used to guide this review;
4. Review proposals to construct, change, alter, modify, remodel, move, demolish or significantly affect properties or districts on the Clark County heritage register as provided in VMC 17.39.080; and adopt standards in its rules and procedures to guide this review and the issuances of a certificate of appropriateness or waiver;
5. Provide advisory review for structures located in the city’s heritage overlay districts per Chapter 20.510 VMC;
6. Submit nominations to the Washington State Heritage Register and National Register of Historic Places;
7. Review nominations to the National Register of Historic Places and provide recommendations to the applicable agency;
8. Provide for comment by the commission on all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic or cultural resources or adjacent property(ies) upon staff request;
9. Provide information, comment, and support to the public and agencies on matters related to historic preservation;
10. Encourage recognition of noteworthy efforts in the rehabilitation or maintenance of historic buildings, structures, sites, and districts, and new construction in historic areas;
11. Serve as the local review board for special valuation pursuant to Chapter 84.26 RCW;
12. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation.
E. Rules and Officers.
1. The commission shall establish and adopt its rules and procedures not inconsistent with this chapter.
2. The commission shall select from among its membership a chair and vice-chair to conduct the commission’s business.
3. All official actions of the commission shall require a majority vote of the members present. No member shall be eligible to vote upon a matter unless that member attended the hearing.
F. Commission Staff. Staffing for the commission shall be provided by the Clark County community planning department and the city of Vancouver.
G. Interlocal Agreement Required. An interlocal agreement shall be established between the city of Vancouver and Clark County implementing the provisions of this chapter.
H. City Review Staff. City staff with knowledge of the local resources and the designation and review processes will prepare staff reports and recommendations, and will attend commission work sessions and public hearings concerning properties within the Vancouver urban area.
I. Appeals. Appeals of decisions rendered by the Clark County historic preservation commission pertaining to property(ies) within the city of Vancouver shall be heard by the Vancouver city council.
J. Education Services. The city shall provide heritage education services, including but not limited to public workshops, lectures, seminars and educational materials and professional education for commissioners and staff, for both the city of Vancouver and Clark County as agreed to in the interlocal agreement. (Ord. M-4297 § 2, 2020; Ord. M-3643, 2004)
Purpose. The purpose of this chapter is to provide a summary of all land use permits in this title in alphabetical order to provide the user information about procedure type and approval criteria. (Ord. M-3643, 01/26/2004)
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Summary. A summary of permits is provided in Table 20.225.020-1 below. All references refer to chapters and sections with the Vancouver Municipal Code (VMC).
Table 20.225.020-1. SUMMARY OF LAND USE PERMITS AND RELATED ACTIONS
KEY
Type I: Ministerial permits
Type II: Quasi-judicial permits/Planning Official (PO) decision
Type III/HE: Quasi-judicial permits/Hearings Examiner (HE) decision
Type III/PC: Quasi-judicial permits/Planning Commission (PC) decision
Type IV: Legislative
PERMIT/ACTION | PROCEDURE | PROCEDURAL | APPROVAL | OTHER |
|---|---|---|---|---|
Adult Entertainment siting | II | ---- | ||
Annexation | IV | ---- | ||
Binding Site Plan | II | 20.330.020(B) | ---- | |
Boundary Adjustments | I | ---- | ||
Conditional Use | ||||
-Initial | III/HE | ---- | ||
-Major Modification | III/HE | ---- | ||
-Minor Modification | I | ---- | ||
Critical Areas Permit | ||||
-Statement of Exemption | I | |||
-Fish and Wildlife Habitat Conservation Areas | I, or same as development | |||
-Frequently Flooded Areas | I, or same as development | |||
-Geological Hazards | I, or same as development | |||
-Wetlands | I, or same as development | |||
-Minor Exceptions | II | |||
-Reasonable Use Exceptions | III/HE | |||
Design Review | ||||
Site Plan Required | I/II | 20.210.040, – .050 | 20.265 | |
-Exempt from Site Plan Review | I | |||
Development Agreements | ||||
-Concurrent w/ application | Same as development | Same as development | 20.250 | If applicable, 20.790 |
-Not concurrent w/ application | City Council | 20.250 | If applicable, 20.790 | |
Escrow Agreements | I | 20.909.020 (C) | ---- | |
Essential Public Facilities | III/HE | 20.245 | ||
Manufactured Home Developments | III/HE Conditional Use | 20.245 | ||
Mixed Use Master Plan | ||||
-Initial concept plan 25 acres or less | III/HE | |||
-Initial concept plan greater than 25 acres | III/PC | |||
-Modification -Approved Concept Plan -Approved Detailed Plan | I, II, III/HE I, II, III/HE | 20.210.040, -.050, - .060 | 20.250.030(B) 20.250.030(B) | |
Nonconforming Status Confirmation | I | ---- | ||
Parking and Loading | ||||
-Reductions in minimum ratios | I | 20.945.070(F) | ---- | |
-Joint Parking | I | 20.945.030 (B) | ----- | |
Planned Developments | ||||
-Initial Concept Plan, greater than 25 acres | IV/PC | ---- | ||
-Initial Concept Plan, 25 acres or less | IV/HE | ---- | ||
-Detailed Plan(s) | II | 20.260.050(D) | ---- | |
-Modification -Approved Concept Plan -Approved Detailed Plan | I, II, III/PC I, II, III/PC | 20.210.040, -.050, -.060 | 20.260.030(B3) 20.260.030(B3) | ---- |
Public Facility Master Plans | ||||
-Initial approval | III/HE | 20.268.040(A) | ---- | |
-Subsequent approval -Detailed Master Plan - Concept Master Plan - Hybrid Master Plan | I II | 20.268.050(A) | ---- ---- ---- | |
-Modification -Detailed/Hybrid Master Plan -Concept Master Plan | I, II, III/HE II, III/HE | 20.210.040, -.050, -.060 20.210.040, -.050 | 20.268.050(A) 20.268.050(A) | ----- ----- |
Signs | I | 20.960 | ||
Site Plan Review | ||||
-New development or redevelopment | I/II | ---- | ||
-Modifications not exceeding thresholds for Type II review at 20.270.020(B)(4) | I | ---- | ||
- Modifications exceeding thresholds for Type II review at 20.270.020(B)(4) | II | |||
-Extension | I | 20.270.030(D) | ---- | |
-Phasing Plan approval | I | 20.270.030(E) | ---- | |
Subdivisions | ||||
-Short Subdivisions | II | ---- | ||
-Subdivisions | III/HE | ---- | ||
-Phasing plan approval | I | 20.320.020(C) | ---- | |
-Extensions | ||||
-One-year | I | ---- | ||
-Two-year | II | 20.320.020(D) | ---- | |
Temporary Uses | ||||
-Seasonal or special events | I | 20.885.050(A) | ---- | |
-Unforeseen emergency situations | I | 20.885.050(B) | ---- | |
-Temporary sales office/model home | I | 20.885.050(C) | ---- | |
-Temporary building in C and I districts | I | 20.885.050(D) | ---- | |
-Extension | I | ---- | ||
-For temporary sales/model home | I | ---- | ||
Text/Map Amendments | ||||
-Legislative | IV | ---- | ||
Tree Removal Permit (On-site) | ||||
-Tree Plan w/Site Plan Review | II | ---- | ||
-Tree Plan w/o Site Plan Review | I | ---- | ||
Variances | ||||
-Type I | I | 20.290.040(A) | ---- | |
-Type II | II | 20.290.040(B) | ---- | |
Wireless Communication Facilities | ||||
-Conditional Uses | II, III/HE | 20.210.050, -.060 | 20.245 | |
-Setback reduction | I | ---- | ||
-Replacement of existing structures | I | ---- |
(Ord. M-3959 § 9, 07/19/2010; Ord. M-3931 § 6, 11/02/2009; Ord. M-3847 § 3, 11/19/2007; Ord. M-3663 § 6, 08/02/2004; Ord. M-3643, 01/26/2004)
Purpose. The purpose of this chapter is to identify the procedures applicable to annexations by the city. (Ord. M-3643, 01/26/2004)
A. Annexations by election method. An annexation request may be initiated by the City Council or by petition of property owners requesting the matter be put to a vote pursuant to Sections 35.13.015 RCW through 35.13.120 RCW, as may be amended or re-codified from time to time.
B. Annexations by petition method. An annexation request may be initiated by petition method pursuant to Sections 35.13.125 RCW through 35.13.170 RCW, as may be amended or recodified from time to time.
C. Boundary review board review. Annexation actions taken under Chapter 35.13 RCW may be subject to review by the Clark County Boundary Review Board under Chapter 36.93 RCW.
D. Other procedures. All procedures of Chapter 35.13 RCW shall apply to annexations by the city. (Ord. M-3643, 01/26/2004)
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A. Assignment of Comprehensive Plan and zoning designations. The city shall convert the County’s Comprehensive Plan map and zoning designations to the city designations that are the most similar. The assignment of these designations shall occur automatically and concurrently with the annexation.
B. Conversion table. Table 20.230.030-1 summarizes the conversion of the County’s plan and zoning designations to city designations that are most similar.
Table 20.230.030-1. Conversion of County Plan and Zone Designations to City Plan and Zone Designations
Clark County Comprehensive Plan Designation | Clark County Zone | City of Vancouver Zone Designation | City of Vancouver Comprehensive Plan Designation |
|---|---|---|---|
Urban Low Density Residential | R1-20 | R-2 or R-61 | Urban Lower Density |
R1-10 | R-4 or R-61 | ||
R1-7.5 | R-6 | ||
R1-6 | R-9 | ||
R1-5 | R-9 | ||
Urban Medium Density Residential | R-12 | R-9 or R-18 1 | Lower Density Residential or Higher Density Residential |
R-18 | R-18 | Urban Higher Density | |
R-22 | R-22 | ||
Urban High Density Residential | R-30 | R-30 | |
R-43 | R-35 | ||
Urban Medium Density Residential | OR-15 | R-18 or OCI 1 | Higher Density Residential or Industrial |
OR-18 | R-18 or OCI 1 | ||
OR-22 | R-22 or OCI 1 | ||
Urban High Density Residential | OR-30 | R-30 or OCI 1 | |
OR-43 | R-35 or OCI 1 | ||
Commercial (C) | NC | CN or CC 1 | Commercial and Mixed Use |
Commercial (C) | CC | CC | |
CC | CC or CG1 | ||
General Commercial (C) | GC | CG | |
Mixed Use | MX | MX | |
Industrial (I) | OC | OCI | Industrial; Low Density; Residential, High Density Residential, Commercial Mixed Use, and Industrial designations are consistent with RGX zone |
Industrial (I) | BP | OCI or IL1 | |
Industrial (I) | IL | IL | |
Heavy Industrial | IH | IH | |
Airport | A | A, IL, IH | |
All Categories – Except Mixed Use | U(niversity) | Any R zone, CC or CG (by CUP only) 1 | Public Facility |
Parks/Open Space P/OS | Parks/WL | Park (P) | Open Space (applicable zone based on Development Code definitions and characteristics of property |
Greenway (GW) | |||
Natural Area (NA) | |||
Surface Mining Overlay | S | SM | Surface Mining Overlay |
Airport Environs Overlay | AE-1, AE-2 | Pick from existing designations & zones based on footnote 1 below | |
Historic Preservation Overlay | Site Specific | ||
1Final determination to be based on a comprehensive land use plan meeting the requirements of VMC 20.230.030.C, or written findings that address existing uses, abutting uses, zone purpose, zone location criteria, allowed uses, and identify a zone designation that would allow desired existing uses, approved uses, or in-process development plans to continue as conforming uses.
C. New comprehensive land use plan. The Planning Commission and City Council may prepare a land use plan to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time pursuant to the Type IV procedures contained in Section 20.285.070 VMC. To the extent deemed reasonably necessary by the City to be in the interest of health, safety, morals and the general welfare, the Review Authority may provide, among other things, for:
1. The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or public water frontages; and the subdivision and development of land;
2. The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; and
3. The time interval following an annexation during which the ordinance or resolution adopting any such plan or regulations, or any part thereof must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the City.
D. Objectives of regulations and restrictions. All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. (Ord. M-4354 § 3(C), 2021; Ord. M-3946 § 5, 2010; Ord. M-3911 § 8, 2009; Ord. M-3787 § 2, 2006; Ord. M-3730 § 3, 2005; Ord. M-3643, 2004)
General. In many zones there are uses that may be compatible but because of their size, operating characteristics and/or potential off-site impacts warrant review on a case-by-case basis. The purpose of the conditional use review process is to determine if such a use is appropriate at the proposed location and, if appropriate, to identify any additional conditions of approval necessary to mitigate potentially adverse impacts. (Ord. M-3643, 01/26/2004)
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A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III procedure, using approval criteria contained in Section 20.245.040 VMC and subject to other requirements in this Chapter.
B. Major modification of an approved or existing conditional use.
1. The planning official shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed:
a. A change of any applicable condition of approval;
b. A change in use classification as defined in Chapter 20.160 VMC;
c. A 10 percent increase in dwelling unit density, providing the proposed density does not exceed the maximum density established in the underlying base zoning district;
d. An increase in the approved floor area proposed for nonresidential use by more than 25 percent, except for schools, which shall have a threshold of 50 percent increase in floor area;
e. A change in the operational use deemed to be a possible adverse impact to adjacent properties by the planning official.
2. Upon the planning official determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application to be processed as a Type II application, pursuant to VMC 20.210.050.
C. Minor modification of approved or existing conditional use.
1. Any modification that is not within the description of a major modification as provided in Subsection (B)(2) above shall be considered a minor modification.
2. An applicant shall request approval of a minor modification by means of a Type I procedure, Section 20.210.040 VMC, using approval criteria in Subsection (3) below.
3. A minor modification shall be approved, approved with conditions, or denied following the Planning Official’s review based on the findings that the proposed development is in compliance with all applicable requirements of this Title.
D. Time Limit of Approval.
1. Time Limit. Authorization of a conditional use permit shall be void after five years, unless a building permit has been issued and substantial construction has taken place.
2. Extension. Upon written request by the applicant and payment of the required fee pursuant to Chapter 20.180 VMC, the Planning Official may extend the authorization for a maximum of one year.
E. Concurrent review. An applicant may request other land use reviews, such as a variance or site plan review, at the same time that a request for conditional use approval is submitted. The applications for multiple reviews may be consolidated. The review procedure for consolidated applications shall be that of the application requiring the highest level of review, under Section 20.210.020(D) VMC. (Ord. M-3959 § 11, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Submission requirements. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC, containing the following information:
1. Narrative describing the proposed uses for the site, hours of operation, hours and the frequency of deliveries, and construction schedule.
2. Drawn to scale site plan, legible for digital reproduction, showing accurate representation of the size and shape of the parcel(s), including easements of any kind, all dimensions, and parcel orientation. Include north arrow.
3. Locations, dimensions, and height of all existing and proposed buildings and structures, including garages, carports, decks, patio covers, and other accessory structures. Include dimensions from each other and from all property lines. Show dimensions from each other and from all property lines. Show dimension of eaves projecting beyond a wall or supporting post. Indicate usage of all structures.
4. Location, height, and material of fences, buffers, berms, walls, and other proposed screening. Note the location and dimensions of area of terraces, decks, shelters, and play areas.
5. Lighting plan. This plan shall show all proposed fixtures on site and within rights-of-way. Show all existing above and underground power lines. (This plan will be routed to Clark County PUD by a city workgroup for comments and compliance with standards.)
6. Location and detailed layout of vehicle access, site circulation, off-street parking and loading areas, lighting, landscaping, and buffering as required by Chapter 20.925 VMC. Include handicap parking stalls and disembarking areas, accessible route of travel, proposed ramp, and signage, as required by the most current version of the Washington Administrative Code governing accessibility for disabled persons. Include location and screening for proposed solid waste and recyclables storage areas.
7. Summary table which includes parcel zone, total site area, gross floor area by use (e.g., manufacturing, office, retail, storage), itemized number of full size, compact and handicap parking stalls and the collective total number, total lot coverage proposed, and amount of landscaped area.
8. Certified mailing list. Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and one set of stamped and addressed envelopes and one set of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide one set of stamped and addressed envelopes and one set of mailing labels addressed to “occupant” as can be determined from available county assessor records.
9. Floor plan showing the gross square footage of each structure and outdoor activity area proposed on the site, including existing structures and outdoor activity areas to be retained. Include a description of the proposed uses of each structure or portions of a structure and each outdoor activity area. Include location of aboveground utilities and typical elevation drawings of each structure.
10. Completed SEPA (State Environmental Policy Act) checklist (as required), on city-provided form. Include SEPA processing fee, pursuant to Chapter 20.180 VMC, Fees.
11. Required processing fee for conditional use permit (see Chapter 20.180 VMC).
12. Concurrency letter, addressed to transportation manager, with summary of project with projected traffic impacts and appropriate fee. (See Chapter 20.180 VMC.)
13. Any information deemed necessary to address mitigation for the specific development circumstances. (Ord. M-4496 § 3(B), 2025; Ord. M-4438 § 4(F), 2023; Ord. M-4325 § 3, 2020; Ord. M-4289 § 4, 2019; Ord. M-3663 § 7, 2004; Ord. M-3643, 2004)
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A. Approval standards. The Hearings Examiner shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use;
2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features;
3. All required public facilities have adequate capacity to serve the proposed development;
4. The applicable requirements of the zoning district, and other applicable documents are met except as amended by the conditional use permit or variances requested pursuant to Chapter 20.290 VMC; and
5. Identified impacts on adjacent properties, surrounding uses and public facilities have been adequately mitigated.
B. Conditions of approval. The Hearings Examiner may impose conditions on the approval of a conditional use in addition to or above and beyond those required elsewhere in this Title, which are found necessary to ensure the use is compatible with other uses in the vicinity. These conditions may include, but are not limited to the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring design features which minimize environmental impacts such as noise, vibration, air, pollution, glare, odor and/or dust;
3. Requiring additional setback areas, lot area and/or lot depth or width;
4. Limiting the building height, size or lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points;
6. Requiring street right-of-way to be dedicated and street(s) to be improved;
7. Requiring additional landscaping, screening, drainage and/or surfacing of parking and loading areas;
8. Limiting the number, size, location, height and/or lighting of signs;
9. Limiting or setting standards for the location and/or intensity of outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas;
13. Requiring the construction of pedestrian/bicycle pathways in accordance with the adopted pedestrian/bicycle pathway plan. (Ord. M-3922 § 12, 07/06/2009; Ord. M-3643, 01/26/2004)
The appeal procedures are set forth in Chapter 20.210.130. Parties with standing to appeal per 20.210.130 may appeal a decision of the Hearings Examiner to the City Council. (Ord. M-3643, 01/26/2004)
It shall be unlawful and punishable for any person to violate any condition imposed by a conditional use permit. The Hearings Examiner may revoke any conditional use permit for noncompliance with conditions imposed in the granting of the permit after first holding a public hearing and giving notice of such hearing as provided in Chapter.20.210.120. (Ord. M-3643, 01/26/2004)
In a case where an application is denied by the Hearings Examiner, or denied by the City Council on appeal from the Hearings Examiner, unless specifically stated to be without prejudice, it shall not be eligible to be resubmitted for a period of 1 year from the date of the denial, unless, in the opinion of the Planning Official, new evidence is submitted showing that conditions have changed to an extent that further consideration is warranted. Reconsideration of an application shall be subject to the same fee as a continuance per 20.180 VMC. (Ord. M-3643, 01/26/2004)
A. Property within city limits. The City may enter into a development agreement pursuant to this Chapter 20.250 VMC and Sections 36.70B.170 RCW et seq., with a person having ownership or control of real property within its jurisdiction.
B. Property outside city limits. The City may enter into a development agreement pursuant to this Chapter 20.250 VMC and Sections 36.70B.170 RCW et seq., with a person having ownership or control of real property outside of its boundaries as part of a proposed annexation or service agreement.
C. Nature of City action. The execution of a development agreement in and of itself is an administrative act, as opposed to a quasi-judicial or a legislative act, and is a proper exercise of the City’s police power and contract authority. (Ord. M-3643, 01/26/2004)
A. Contents. Development agreements shall set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with all applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. For the purposes of this Section, “development standards” include, but are not limited to:
1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3. Mitigation measures, development conditions, and other requirements under Chapter 20.790 VMC, SEPA Regulations;
4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping and other development features;
5. Affordable housing;
6. Parks and open space preservation;
7. Phasing;
8. Review procedures and standards for implementing decisions;
9. A build-out or vesting period for applicable standards; and
10. Any other appropriate development requirement or procedure.
B. Unauthorized fees prohibited. Nothing in this Chapter is intended to authorize the City to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of law. (Ord. M-3643, 01/26/2004)
General. Nothing in this Chapter affects the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or any agreement adopted at any time under separate authority, that includes some or all of the development standards provided in Section 20.250.020 VMC. Nothing in this Chapter affects the applicability of any State or Federal law or regulation. (Ord. M-3643, 01/26/2004)
A. General. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period of the project specified in the agreement, and the project may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the development agreement must be consistent with the development agreement. A development agreement shall reference by ordinance or code provision the land use regulations under which the project described in the development agreement is vested.
B. Vesting. Under subsection (A), a development agreement provides an alternative to vesting rights provided for under Section 20.210.110 VMC.
C. Concurrency. A development agreement may reserve capacity in the transportation system for the proposed development’s trip generation and, in such case, the proposed development shall be deemed to have achieved transportation concurrency under the concurrency rules and regulations in effect on the effective date of the development agreement. The term for the concurrency determination shall be set forth in the development agreement.
D. Modifications. The City shall reserve authority in each development agreement to impose new or different regulations only if necessary, and to the extent necessary, to address a serious threat to public health and safety. (Ord. M-3643, 01/26/2004)
A. Agreement not associated with a land use application. If a development agreement is not proposed in conjunction with a Type II, III or IV land use application under Chapter 20.210 VMC, the development agreement shall be presented to City Council at a public hearing for approval by ordinance or resolution pursuant to the public hearing procedures of Section 20.210.120 VMC.
B. Agreement associated with a Type II, III or IV land use application. If a development agreement is proposed in conjunction with a Type II, III or IV land use application under Chapter 20.210 VMC, Decision-Making Procedures, the development agreement shall be presented to City Council at a public hearing for approval by ordinance or resolution, after approval of the Type II or III application or after Planning Commission action on a Type IV application. The review body for the Type II, III or IV application shall not make a final decision on that portion of the application related to the development agreement but shall make a recommendation of approval or denial of the development agreement to City Council. If no appeal is filed on the underlying land use application, the Planning Official shall send written notice of the public hearing at least 10 days prior to City Council consideration of the development agreement to all parties entitled to a Notice of Decision for the applicable application under Section 20.210.050(I) VMC or 20.210.120(B)(11) VMC.
1. Appeal. As an exception to the appeal procedures of Section 20.210.130 VMC, any appeal of a Type II or III application processed together with a development agreement shall be heard by the City Council in conjunction with Council’s consideration of the development agreement. Notice of the appeal hearing shall be sent to all persons entitled to notice of the appeal hearing under Section 20.210.130 VMC.
2. Further appeals. Further appeals after final action by City Council of a Type II or III application processed in conjunction with a development agreement shall be governed by Section 20.210.130(D)(1) VMC. Further appeals, after final action by City Council of a Type IV application processed in conjunction with a development agreement shall be governed by Section 20.210.130(D)(1) VMC. (Ord. M-3643, 01/26/2004)
General. Within 30 days after approval by City Council, the City shall ensure that a development agreement is recorded with the real property records office of Clark County. (Ord. M-3643, 01/26/2004)
A. Purpose. The purpose of this Chapter to provide a process for interpreting and applying the provisions of Title 20 VMC.
B. Responsibility. It shall be the responsibility of the Planning Official to review and resolve any questions regarding the proper interpretation or application of the provisions of Title 20 VMC pursuant to the procedures set forth in this Chapter. The Planning Official’ s decision shall be in keeping with the spirit and intent of this title and of the Comprehensive Plan. The Planning Official’s decision shall be in writing and kept on permanent file. (Ord. M-3643, 01/26/2004)
A. Application. Any person may request in writing the Planning Official’s interpretation of a code provision of Title 20 VMC when it pertains to a specific property or project by means of a Type I application pursuant to Section 20.210.040 VMC. The Planning Official may independently initiate an interpretation of any conflicting or unclear provisions of this Title.
B. Multiple applications. If an application for an interpretation is associated with any land use application(s) subject to Title 20 VMC, then the application for the interpretation may be combined with the associated application(s) and is subject to the highest level of procedure that applies to any of the applications, Section 20.210.020(D) VMC.
C. Codification. To ensure that Planning Official interpretations are applied consistently over time, the Planning Official shall on an annual basis initiate a Type IV text amendment to this Code for the purpose of codifying interpretations pursuant to Chapter 20.210 VMC, Text and Map Amendments. The codified interpretations shall be located in Chapter 20.910 VMC, Exceptions and Interpretations, or in the Chapter of the Code governing the subject matter of the interpretation, whichever may be more appropriate.
D. Appeals. Any official interpretation of the provisions of Title 20 VMC may be appealed by any aggrieved party, pursuant to the appeal procedures set forth in Chapter 20.210.130. (Ord. M-3643, 01/26/2004)
Guiding principles. In interpreting Title 20 VMC, either when an application is filed under this Chapter or when any application is filed under Chapter 20.210 VMC, Decision-Making Procedures, the Planning Official shall adhere to the following rules of construction in interpreting and applying the Code:
A. Meaning. All words used in the Code shall have their normal and customary meaning, unless specifically defined in this Code.
B. Tense. Words used in the present tense include the future tense.
C. Plural. The plural includes the singular and vice versa.
D. Mandatory. The words will and shall are mandatory.
E. Permissive. The word may is permissive.
F. Gender. The masculine gender includes the feminine and vice versa.
G. Context. In determining the meaning of a word as used in the Code, regard shall be made for the context in which the word is used.
H. Specification. General terms which follow specific terms are limited to matters similar to those specified.
I. Exclusion. Express mention of one thing implies exclusion of another.
J. Antecedent. A qualifying phrase refers back both grammatically and legally to the last antecedent.
K. Conjunctions. The word or is not to be construed as and.
L. Superfluous words. No clause or individual words of the Code should be deemed superfluous.
M. Binding case law. Other applicable rules of construction employed by Washington appellate courts in interpreting legislative enactments shall apply. (Ord. M-3643, Added, 01/26/0200)
A. Purpose. Each area of land is, to some degree, unique as to its suitability for and constraints on development. Development standards and procedures imposed under this zoning code cannot foresee all conceivable situations peculiar to the development of every property at every moment, but are designed as standards applicable to most situations. It is the intent of the adjustment to provide flexibility, adaptability, and reasonableness in the application and administration of this Title where special conditions exist and the strict application of the standard or procedure would not serve a public purpose.
B. Planning Official Authority. In the event the strict application of a development standard or procedural requirement of this Title would result in unforeseen consequences or an excessive burden given the nature of the proposed development, the Planning Official is authorized to make a minor adjustment in said standard or procedure, upon making a written finding that no person of average sensibilities would be negatively impacted by such an adjustment, and that said adjustment would be consistent with the spirit and intent of this title and the Comprehensive Plan. No adjustment shall allow a use not otherwise permitted for the subject property, nor shall a minor adjustment be used in place of a variance procedure, where applicable. The Planning Official shall maintain a record of such decisions and associated findings, and periodically forward them to the Planning Commission for their information.
C. Appeal. Any minor adjustment issued pursuant to this Chapter may be appealed by any aggrieved party, pursuant to the appeal procedures set forth in Chapter 20.210.130. (Ord. M-3643, 01/26/2004)
The purposes of the planned development provisions are:
A. Flexibility. Provide a means for creating planned environments in any base zoning district through the application of flexible standards, i.e., zero-lot lines, narrower streets, and other innovative planning practices that will result well-designed, efficient and functional urban environments.
B. Efficiency. Facilitate the efficient use of land.
C. Economic feasibility. Increase economic feasibility by fostering the efficient arrangement of land use, buildings, circulation systems, open space and utilities.
D. Resource preservation. Preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can tailor the type and design of a development to a particular site. (Ord. M-3643, 01/26/2004)
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A. Applicable in all zones. The planned development is a development vehicle that may be used in all base zoning districts except in the Park, Greenway and Natural Area districts.
B. Permitted uses. The following uses shall be allowed in various base zoning districts:
1. Lower-Density Residential Zoning Districts. In the R-2, R-4, R-6 and R-9 zoning districts, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the maximum density provisions of the underlying zone, as contained in Chapter 20.410 VMC, plus 15 percent density bonus per the provisions of VMC 20.260.060(D).
a. The following uses are allowed by right within planned developments:
1. Single-family detached residential units with or without accessory dwelling units.
2. Two or more single-family attached residential units, duplex, triplex, and townhome and other fourplex residential units. Duplexes, triplexes, fourplexes, and townhomes located on the perimeter of the development directly abutting single-family zoning districts shall have a height limit of 35 feet.
3. Accessory uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone including:
(a) Community building with indoor and/or outdoor recreation facilities;
(b) Recreational vehicle storage area;
(c) Consolidated mini-storage;
(d) Consolidated guest parking facilities.
4. Home occupations, subject to development standards in Chapter 20.860 VMC.
5. Child care centers of all types including those with 13 or more children, subject to development standards in Chapter 20.840 VMC.
6. Adult day care.
7. Any other use allowed by right in the base zoning district.
b. A planned development may also include conditional uses as identified on the use tables in the respective base zoning district chapters, provided the applicant pursues a concurrent conditional use review, as governed by 20.245. The following uses also are allowed conditionally within a planned development in the R-2, R-4, R-6, and R-9 districts.
1. Recreation facility, athletic center, fitness club or related facility with indoor and/or outdoor facilities.
2. Retail commercial uses allowed in the CN zone limited to 1,500 gross square feet (gsf) per use to a maximum of 5,000 gsf in planned developments with 150 or more units.
2. Higher-Density Residential Zoning Districts. In the R-18, R-22, R-30, and R-35 zoning districts, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the minimum and maximum density provisions of the underlying zone, as contained in VMC 20.420.040, plus 15 percent per the density bonus provisions of VMC 20.260.060(D).
a. The following uses are permitted by right within planned developments:
1. Single-family detached residential units with or without accessory dwelling units.
2. Two or more single-family attached residential units.
3. Multi-family residential units.
4. Accessory uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone including:
(a) Community building with indoor and/or outdoor recreation facilities;
(b) Recreational vehicle storage area;
(c) Consolidated mini-storage;
(d) Consolidated guest parking facilities.
5. Home occupations, subject to development standards in 20.860 VMC.
6. Child care centers of all types including those with 13 or more children, subject to development standards in 20.840 VMC.
7. Adult day care.
8. Commercial retail uses as permitted in the CN zone limited to 1,500 gsf per use to a maximum of 5,000 gsf.
9. Any other use allowed by right in the base zoning district.
b. A planned development may also include conditional uses as identified in the use tables in the respective base zoning district chapters, provided the applicant applies concurrently for conditional use approval, per 20.245 VMC. The following uses also are allowed conditionally within the medium- and high-density residential zones within a planned development:
1. Recreation facility, athletic center, fitness club or related facility with indoor and/or outdoor facilities.
2. Commercial uses allowed in the CN zone from 5,001 to a maximum of 10,000 gsf.
3. Commercial Zones
a. In all commercial zones, a planned development may contain all of the uses permitted by right in the underlying zone.
b. A planned development may also include conditional uses as identified in the use tables in the respective base zoning district chapters, provided the applicant applies concurrently for conditional use approval, per 20.245 VMC.
4. Industrial Zones
a. In the OCI and IL zoning district, a planned development may contain all of the uses permitted by right in the underlying zone.
b. In the IH zoning district, a planned development shall contain only those uses allowed by right in the underlying zoning district.
c. A planned development may also include conditional uses as identified on the use tables in the respective base zoning district chapters, provided the applicant applies concurrently for conditional use approval, per 20.245 VMC.
C. More than one base zone. When a site contains land that is in more than one zoning district, the allowed and conditional uses at the required minimum and maximum densities, if applicable, shall be proportionate to the land within the development site devoted to each zoning district. The zoning may be shifted around the site provided that the same proportion acreage of each zoning district is retained. The concept and detailed plans shall explicitly illustrate such physical re--configuration of the site and shall be used as the basis for all subsequent land use reviews. (Ord. M-4325 § 3, 2020; Ord. M-4289 § 4, 2019; Ord. M-3840 § 10, 2007; Ord. M-3730 § 4, 2005; Ord. M-3643, 2004)
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A. Elements of approval process. The two elements of the planned development approval process are:
1. Approval of the planned development concept development plan which contains a substantial level of detail for the whole project; and
2. Approval of the detailed site plan(s) to be constructed in one or more phases that provide all of the additional detail not contained in the concept plan.
B. Decision-making process.
1. Initial approval. A new planned development concept plan shall be processed by means of a Type IV review, per 20.210 VMC, using approval criteria contained in 20.260.050 VMC. The Planning Commission shall be the initial review authority for planned developments greater than 25 acres in size and the Hearings Examiner shall be the initial review authority for planned development 25 acres or less in size. The initial reviewer shall issue a recommendation to the City Council. The City Council shall be the final authority for planned developments.
2. Subsequent reviews. The detailed site plan, and phases thereof, shall be reviewed by means of a Site Plan Review under 20.270 VMC, to ensure that it is substantially in compliance with the approved concept development plan, using approval criteria contained in 20.260.050 VMC.
3. Modification of an approved concept plan
a. Type I Review. The following shall be reviewed by means of a Type I review, using procedures contained in Section 20.210.040 VMC, or as part of a subsequent Site Plan Review for a detailed site plan:
1. Modification of the location of an approved building, providing the modification complies with the applicable base zone development and design standards, as modified in the concept plan approval, and all relevant conditions of approval.
2. Removal of building approved in the concept plan approval.
3. A new building of any size in any location that replaces a building approved but not constructed, provided there is no net increase in total building coverage and there is compliance with the applicable base zone design and development standards, as modified in the concept plan approval, and all relevant conditions of approval.
4. New buildings or building additions up to 5,000 gsf not anticipated and, therefore, not contained in the concept plan approval, except in locations within 100 feet of a boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 2,000 gsf, provided the modification complies with the applicable base zone use, design and development standards, as modified in the concept plan approval.
5. Change in residential density by 5% or less, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.
6. Relocation of open space of up to 25% of required total as long as the total amount is not reduced.
7. Reduction or increase of parking by 5% or less.
b. Type II Review. The following shall be reviewed by means of a Type II review, using procedures contained in Section 20.210.050 VMC, or as part of a Site Plan Review for a detailed site plan:
1. New building or building addition exceeding 5,000 gsf but less than 10,000 gsf, not contained in the concept plan approval, except in locations within 100 feet of a boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 5,000 gsf, provided the modification complies with the applicable base zone use, design and development standards, as modified in the concept plan approval.
2. Change in residential density by more than 5% but less than 10%, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.
3. Reduction or increase of parking by at least 5% but no more than 10%.
c. Type III Review. The following shall be reviewed by means of a Type III review using procedures contained in Section 20.210.060 VMC.
1. New building or building additions greater than of 10,000 gsf or more, not anticipated and not contained in the concept plan approval, except within 100 feet of a boundary abutting residentially-zoned property where this review shall be required for new buildings or building additions that exceed 5,000 gsf.
2. Change in residential density by more than 10%, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.
3. Reduction or increase of parking by more than 10%.
4. Decrease in the amount of open space approved in the concept plan.
5. New uses not included in the concept plan approval.
6. A proposed use or development that was denied in the initial master plan approval.
d. Modification of a detailed development plan.
1. Minor modification of a detailed development plan, as defined in Subsection 3(a) above shall be processed as a Type I review, per 20.210.040 VMC.
2. Moderate modification of a detailed development plan, as defined in Subsection 3(b) above shall be processed as a Type II review, per 20.210.050 VMC.
3. Major modification of a detailed development plan, as defined in Subsection 3(c) shall trigger the need for a review of the concept plan as a Type III Action, per 20.210.060 VMC.
C. Concurrent reviews. An applicant may file two or more related requests concurrently. These concurrent reviews will be reviewed by the procedure type of the higher/highest level, that is, if one review is subject to a Type III process and the other a Type II process, both will be subject to a Type III review process. Examples of concurrent reviews include:
1. Concept development and one or more phases of a detailed site plan.
2. Concept development plan and one or more environmental reviews.
3. Concept development plan and land division.
4. Concept development plan and height variance.
5. Concept development plan and one or more conditional use(s).
6. Detailed site plan and modification of an already-approved concept development plan may be reviewed concurrently by means of a Type II or III process, depending upon the nature of the concept plan modification as defined in Section B(3) above.
7. A concept development plan and any combination of the above.
D. Adjustments. Adjustments to numerical development standards in the underlying zoning district shall meet the criteria contained in Section 20.260.050(B) VMC below in lieu of requirements for variances contained in Chapter 20.290 VMC. The exception to this is a request to exceed the maximum height permitted in the underlying zone, which will require a concurrent variance request per 20.290 VMC. (Ord. M-3931 § 7, 11/02/2009; Ord. M-3847 § 4, 11/19/2007; Ord. M-3663 § 8, 08/02/2004; Ord. M-3643, 01/26/2004)
A. Time limit on filing of detailed development plan. Within two years after the date that the conceptual development plan is approved, the applicant shall prepare and file with the Planning Official a detailed development plan to be reviewed pursuant to 20.260.030(B)(1) VMC. In the case of phased development, as governed by Subsection (C) below, this provision shall apply to the first phase of the development.
B. Extension.
1. No less than three months before the expiration of the two-year approval period the applicant may request a one-year extension by means of a Type I process, using procedures contained in Section 20.210.040 VMC, which the Planning Official shall approve upon finding provided that:
a. No changes have been made on the original conceptual development plan as approved by the Commission.
b. The applicant can show intent of applying for detailed development plan review within the one-year extension period, e.g., by providing evidence of an application for financing.
2. No less than three months before the expiration of the first extension, the applicant may request a second one-year extension by means of a Type I process, using procedures contained in 20.210.040 VMC, which the Planning Official shall approve upon finding that:
a. The applicant has pursued submitting the detailed development plan in good faith; and
b. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes that are inconsistent with the approved concept plan.
C. Phased development.
1. The Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for construction of all phases exceed seven years, as measured from the date of approval of the original concept development plan until the date that building permit(s) for the last phase is(are) obtained.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or special district standard. (Ord. M-3643, 01/26/2004)
A. Concept development plan approval criteria. To receive approval for a planned development, the applicant shall demonstrate compliance with all of the following criteria:
1. Content. The concept plan contains all of the components required in Section 20.260.070. Compliance with all applicable standards. The proposed development and uses comply with all applicable standards of the Title, except where adjustments are being approved as part of the concept plan application, pursuant to Section 20.260.030 (D)(2).
2. Architectural and site design. The proposed development demonstrates the use of innovative, aesthetic, energy-efficient and environmentally-friendly architectural and site design.
3. Transportation system capacity. There is either sufficient capacity in the transportation system to safely support the development proposed in all future phases or there will be adequate capacity by the time each phase of development is completed.
4. Availability of public services. There is either sufficient capacity within public services such as water supply, police and fire services, and sanitary waste and storm water disposal, to adequately serve the development proposed in all future phases, or there will be adequate capacity available by the time each phase of development is completed.
5. Protection of designated resources. City-designated resources such as historic landmarks, significant trees and sensitive natural resources are protected in compliance with the standards in this and other Titles of the VMC.
6. Compatibility with adjacent uses. The concept plan contains design, landscaping, parking/traffic management and multi-modal transportation elements that limit conflicts between the planned development and adjacent uses. If zoning districts are shifted per Section 20.260.020(C) VMC, there shall be a demonstration that the reconfiguration of uses is compatible with surrounding uses by means of appropriate setbacks, design features or other techniques.
7. Mitigation of off-site impacts. All potential off-site impacts including litter, noise, shading, glare and traffic, will be identified and mitigated to the extent practicable.
B. Adjustment approval criteria. Adjustments to numerical development standards may be processed as part of the request for concept if the applicant can demonstrate compliance with all of the following approval criteria:
1. The adjustment(s) is warranted given site conditions and/or characteristics of the design.
2. The benefits accruing from the implementation of the adjustment outweigh any potential adverse impacts.
3. Any impacts resulting from the adjustment are mitigated to the extent practical.
C. Conditions of approval. The review authority shall impose any conditions of approval necessary to mitigate potentially adverse impacts on surrounding properties to the greatest extent practicable.
D. Detailed site plan approval criteria. During the site plan review process, the Planning Official shall approve the detailed development plan for one or more phases of the development upon finding that the final plan conforms to the approved conceptual development plan, including all conditions of approval, unless the modification of the concept plan is sought concurrently as described in 20.260.030 (C)(6) VMC. (Ord. M-3643, 01/26/2004)
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A. Minimum development size. There shall be no minimum site size for any type of planned development.
B. Applicability of base zone development standards. The provisions of the base zone are applicable as follows. When the zoning districts within the planned development have been shifted as permitted in Section 20.260.020 (C) VMC, the applicable development standards for the underlying zones shall shift accordingly.
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply.
2. Lot coverage: The site coverage provisions of the base zone shall apply.
3. Setbacks
a. Front and rear yard setbacks for structures at the perimeter of the project shall be the same as required by the base zone except when an adjustment is approved, per Section 20.260.030(D).
b. The side yard setback provisions shall not apply except that all detached structures shall meet the City’ s adopted building code requirements for type of construction.
c. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that any garage facing a street shall be set back a minimum of 18 feet from the front or side street property line.
d. All other provisions of the base zone shall apply except as modified pursuant to this Chapter, except for maximum height for which a variance shall be sought, as governed by Chapter 20.290 VMC.
4. The planning commission or hearings examiner can reduce the minimum lot size requirement for attached and detached single-family residential uses in planned developments.
C. Common open space. In exchange for the approval of higher residential densities, smaller lots and relaxed development standards, the developer of a planned development is required to provide common open space for the active and passive recreational activities of residents, employees and visitors. Such space shall be aggregated and centralized to the development to the fullest extent feasible and shall consist primarily of a combination of landscaped open areas. Unlandscaped natural areas or paved hardscape areas may also be included if they also promote active or passive recreational uses. Features may include plazas, arbors, sitting areas, picnic areas, playing fields and trails.
1. In planned developments, the following requirements shall apply.
a. At least 10% of the gross area of the site must be devoted to such open space. Such space must be fully accessible to the residents, employees, visitors and/or other users of the site. Reduction of this standard in PDs of two acres or more is prohibited. A reduction of this standard in PDs of less than two acres is subject to an adjustment per Section 20.260.030(D) VMC using approval criteria in Section 20.260.050(B) VMC.
b. Fenced yards associated with buildings immediately adjacent to designated open space and landscaping in parking lots shall not count toward the total requirement.
c. Environmentally-constrained land within the planned development, including wetlands, geologically hazardous areas, sensitive wildlife habitats, pursuant to Section 20.740 VMC or native vegetation and healthy soil preservation pursuant to 20.770 VMC or stormwater facilities pursuant to Chapter 14.25 VMC; may be used to meet up to 50% of the total requirement specified in Subsection (a) above, provided that these areas are not fenced and are either accessible to pedestrians to the extent practical or are visually accessible from adjacent and adjoining common open space.
2. The common open space designated to meet this requirement shall be permanently maintained by and conveyed to one of the following:
a. A homeowners’ or property owners’ association as regulated by State law.
b. A public agency that agrees to maintain the common open space and any buildings, structures or improvements placed within it.
3. The applicant may not seek a variance or adjustment to reduce the minimum open space requirement specified in Subsection (2)(a) above.
4. The open space created under this provision is not subject to the Park Impact Fee (PIF) credit unless so authorized by the Vancouver-Clark Parks Department.
D. Residential density.
1. On-site density transfers. An applicant for a planned development may shift allowed residential densities around the site to protect and preserve critical or sensitive areas while providing the overall maximum density permitted by the underlying zoning district.
2. Density bonuses. An applicant for a planned development shall be entitled to an automatic residential density bonus of 15 percent above the maximum density allowed in the underlying base zone on the portions of the site devoted to housing. (Ord. M-4325 § 3, 2020; Ord. M-4289 § 4, 2019; Ord. M-4179 § 68, 2016; Ord. M-3931 § 8, 2009; Ord. M-3840 § 11, 2007; Ord. M-3701 § 7, 2005; Ord. M-3643, 2004)
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A. Existing conditions. An application for a planned development shall contain the following information related to existing conditions on the site, presented in narrative, tabular and/or graphic formats:
1. Vicinity map that identifies surrounding uses within 400 feet of the site boundary.
2. Zoning map that identifies base and overlay zoning designations for the site and surrounding properties uses within 400 feet of the site boundary.
3. Site description including the following information provided in narrative, tabular and/or graphic formats:
a. Topography and natural resources including 100-year flood plain; natural drainage patterns and courses; wetlands, rivers, springs, seeps, closed depression areas, and other water bodies; aquifer and wellhead protection areas; professional survey of existing vegetation and significant stands of trees and individual trees with a caliper greater than 6”; significant fish and wildlife habitat, and professional soils report including hydraulic conductivity, groundwater depths and geological hazards such as steep slopes greater than 15%, unstable, impermeable or weak soils. Exhibit must include a site plan with no greater than five- (5) foot contours for slopes of 0– 10% and no greater than two-(2) feet for slopes greater than 10%.
b. Open space inventory including all natural and landscaped areas.
c. Inventory of cultural, historic and/or archaeological resources on the site, if any.
d. Existing buildings, if any, including use, location, size and date of construction.
e. Existing on-site pedestrian, bicycle and vehicular circulation system, if any.
f. Inventory of existing vehicular and bicycle parking spaces and location of surface and structured parking facilities, if any.
g. Location and size of all public and private utilities on the site including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.
h. Location of all public and private easements.
i. A description of the type, design and characteristics of surrounding properties.
4. Detailed description of the transportation system within and adjacent to the site including:
a. Street classification of all internal and adjacent streets.
b. Transit service availability.
c. Baseline traffic impact study prepared by a licensed engineer to include information as required by the City’s Traffic Engineer.
5. Analysis of existing infrastructure capacity on and in the vicinity of the site.
6. SEPA checklist.
7. Applicable review fees.
B. Planning history. Summary of all previous known land use cases affecting the applicant’ s property and a list of all outstanding conditions of approval that either have not been addressed in the past and/or that remain in force at the time of the application.
C. Proposed development plan.
1. Description of all proposed development within the planned development, presented in narrative, tabular and graphic formats:
a. Underlying zoning district boundaries. If these are shifted around the site as permitted by Section 20.260.020, the existing and proposed configuration of zoning districts shall be illustrated.
b. Description of the mix of uses, including number of units and/or total gross square feet devoted to each, and approximate location on the site.
c. All other site improvements including the approximate size and location of walls, barriers and fences; surface and structured parking facilities; bicycle parking facilities; on-site pedestrian, transit and vehicular circulation; transit stops and pedestrian/transit amenities; and open space and landscaped areas.
d. The conceptual location of new and/or expanded existing public and private infrastructure including water, sanitary sewer, stormwater management facilities; and electrical, telephone and data transmission lines. This includes wireless telecommunications facilities.
2. Phasing plan for implementation of the proposed development.
3. Summary of development intensity at full build-out including average floor area ratio and lot coverage.
4. Summary of transportation facilities including:
a. Traffic impact study prepared by a licensed engineer that describes traffic impacts associated with each phase of development and at full build-out of the project, and a plan for accommodating this traffic in compliance with Title 11. The specific content of the traffic impact study shall be determined by the City’ s Traffic Engineer.
b. Parking impact study describing the parking demand associated with each phase of the development and at full build-out of the project, and a mitigation plan for accommodating parking demand on the site.
c. Concurrent or proposed street vacations, with a description of potential parking and traffic/pedestrian impacts, if any, and appropriated measures to mitigate these impacts.
5. Plan for protecting designated environmental, historic/cultural and open space resources.
6. Design standards that will govern the orientation and design of buildings and other improvements include but are not limited to the following. Applicants for planned developments shall be encouraged to use building techniques and materials that result in projects that architecturally attractive, durable and energy-efficient.
a. Architecture, including design standards and building materials board(s), for buildings, fences, walls and other structures.
b. Landscaping, including design standards and standard plant list. Native plant materials are preferred.
c. Pedestrian circulation, including development standards, amenities and materials.
d. Bicycle parking facilities, including specifications.
e. Signs.
f. Lighting. (Ord. M-4179 § 69, 10/17/2016; Ord. M-3643, 01/26/2004)
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A. Submission requirements. At the time of construction of a project or phase of development that was approved as part of the concept development plan, the applicant shall submit the following documentation demonstrating that the proposed project or phase is in substantial compliance with that contained in the original approval by means of a site plan review, using procedures contained in 20.270 VMC. An application submitted for a detailed development shall include the following:
1. Detailed site plan.
2. Elevations of all buildings.
3. Landscape plan.
4. Erosion control plan.
5. Stormwater management plan including low impact development site analysis determining feasibility of using LID techniques.
6. Narrative documenting the following:
a. Compliance with all development and design standards in the base zone, as modified in the initial concept plan approval.
b. Compliance with all relevant conditions of approval.
c. Consistency with traffic, parking and infrastructure plans contained in the initial concept plan approval. (Ord. M-4179 § 70, 10/17/2016; Ord. M-3643, 01/26/2004)
A. Applicability. A planned development shall be reviewed under this Chapter and the zoning, development and other land use control ordinances contained in Titles 11, 12, 14, and 20 of the Vancouver Municipal Code, and any uncodified ordinances modifying the same, in effect on the date a concept plan application has been deemed fully complete by the City. For the purposes of this section, a vested concept plan application shall mean that the applicant is entitled to implement the planned development or any portion of it described in the application under the zoning, development and land use ordinances applied by the City in its review of the planned development application.
B. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the Planning Official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project and the City while maintaining consistency with the comprehensive plan. Applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances the development remains subject to and will not be significantly detrimental to the health, safety, or general welfare of the City. Planning Official shall review and either approve the request or determine if a new application must be submitted. (Ord. M-3643, 01/26/2004)
A. Applicability. An applicant for a planned development shall be entitled to reserve capacity in the transportation system for the proposed development’s trip generation and shall be deemed to have achieved transportation concurrency, under the concurrency rules and regulations in effect at the time that the concept plan application is vested under 20.260.090 VMC above, if (1) the applicant obtains a certificate of concurrency for all or any portion of its proposed development under Chapter Title 11 VMC, Transportation Concurrency; or (2) the applicant and the City enter into a development agreement as regulated by State statute (36.70B.170 et seq. RCW), which by its terms reserves capacity in the transportation system and includes a finding of transportation concurrency. The term for the concurrency determination shall be set as the term in the certificate of concurrency or the development agreement. (Ord. M-3643, 01/26/2004)
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A. Purpose. The purpose of the design review process is to allow for architectural and design review of new construction and exterior improvements to buildings and developments in the downtown and Vancouver Central Park areas prior to or in conjunction with a formal land use approval. Specifically, this chapter’s purpose is to:
1. Preserve the character and quality of the City’s cultural, historical and architectural heritage.
2. Protect certain public investments and ensure compatibility between public and private developments.
3. Encourage innovation and flexibility in design of new developments while maintaining standards necessary to protect the public interest.
4. Ensure design compatibility between existing and new development.
5. Promote qualities in the built environment that enhance the value of the area to the community.
6. Ensure compliance of development projects with adopted City design guidelines and plans. (Ord. M-3959 § 11, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Location. The provisions of this chapter shall apply to projects located in the downtown area, select areas of the Columbia River waterfront and Vancouver Central Park, as illustrated in Figure 20.265-1.

B. Exemptions. The following activities shall be administratively exempt from design review:
1. Exterior work not visible from the public way;
2. Placement of permanent signs, unless a) located within a designated conservation district; b) are inconsistent with adopted design guidelines, such as pole signs; or c) potentially inconsistent with nearby uses;
3. Public art; and
4. Other minor construction such as replacement of doors, windows, awnings, etc., determined by the Planning Official to be exempt.
C. Types of projects. All projects that involve new construction, modification of the exterior of an existing building or parking lot located within the area defined in Subsection (A) shall be subject to approval by the Planning Official pursuant to this Chapter. (Ord. M-3959 § 13, 07/19/2010; Ord. M-3832 § 4, 06/18/2007; Ord. M-3643, 01/26/2004)
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A.. Application requirements. Any owner or representative intending to construct any new development or building, modify the exterior of any existing building, or make any improvements not exempt by 20.265.020(B) shall submit preliminary plans, sketches, elevations and concepts prior to, or submit final plans at the time of, application for a building permit or preliminary site plan review, as applicable. The Planning Official’s decision regarding approval of the architectural design of the proposed construction shall be based the requirements of this chapter. If the Planning Official identifies design-related issues or impacts resulting from a proposed project, the Planning Official shall inform the applicant in writing so that necessary corrections may be made prior to approval of the preliminary site plan review application, or building permit, if exempt from site plan review.
B. Approval requirements. Approval by Planning Official under Subsection (A) must precede the issuance of a development permit.
C. Coordination with Historic Preservation Commission. Properties that are on the local or national historic register may require review by the Historic Preservation Commission. The following shall apply in these cases:
1. Whenever an application has been made for action by the Clark County Historic Preservation Commission under Chapter 20.510 VMC, Historic Preservation Overlay District, affecting a property or properties within Design Review jurisdiction, the application shall first be reviewed by the Planning Official, whose recommendation shall then be forwarded to the Historic Preservation Commission for their review and approval;
2. The Planning Official shall defer review of matters pertaining to historic features and character to the Historic Preservation Commission;
3. The Planning Official shall attend the Historic Preservation Commission meeting for which the application is scheduled to present a recommendation in regard to project design, and shall then incorporate any decision by the Historic Preservation Commission into the final land use decision or building permit.
D. Appeals. All final decisions of the Planning Official in regard to design review for projects not subject to a Type II site plan review process may be appealed to the City Council by the property owner or his agent only. Appeals of design-related decisions for projects that are subject to a Type II site plan review process shall be consolidated with an appeal of the site plan review decision pursuant to 20.210.130 VMC. (Ord. M-3959 § 14, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Design review criteria. The Planning Official, or the City Council if on appeal, shall base all reviews of the design of any proposed construction, remodeling or development according to the following criteria:
1. The requirements, guidelines, and applicable provisions of this Title that are applicable to the zoning district where the property is located and including all additional zoning regulations which may apply to the use or to its area by provision for overlay district, or made applicable by any conditional use or variance approval;
2. The Downtown Design Guidelines Manual kept on file and available for public inspection at the Community Development Department or VMC 20.640 Vancouver Central Park Plan District, as applicable;
3. The relationship found to exist between existing structures and open space, and between existing structures and other structures in the vicinity, and the expected effect of the proposed construction upon such relationships;
4. The impact of the proposed construction on adjacent uses, including impact of new or revised parking and pedestrian uses; and
5. The protection of neighboring uses from identifiable adverse effects of the design of the proposed construction. (Ord. M-3959 § 15, 07/19/2010; Ord. M-3643, 01/26/2004)
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General. In carrying out the authority and duties assigned by this chapter, the Planning Official shall observe the following limitations:
1. Review by the Planning Official shall be restricted to a prompt, reasonable and professional review of the proposal and plans, leaving full responsibility for design and development to the applicant. Required changes to plans must be made by the applicant, not by staff.
2. Individual initiative and innovation are to be encouraged.
3. Only the applicant’s failure to comply with design review criteria described in Section 20.265.040 VMC shall justify disapproval of a proposal with regard to design matters.
4. Due account shall be taken of cost considerations, but these shall not be overriding.
5. The Planning Official shall take account of state and local legislation on shorelines and environmental protection; of access for the handicapped; and of all local regulations concerning construction, utilities, streets, and related matters. (Ord. M-4034 § 6, 12/03/2012; Ord. M-3959 § 16, 07/19/2010; Ord. M-3643, 01/26/2004)
A. For public facilities. Recognizes the valuable role played by public facilities in serving governmental, medical, educational, cultural and religious needs of the community by facilitating their siting and development over time. Master plan regulations provide the vehicle for large-scale, multi-phased public facilities by obtaining approval of several projects at one time and coordinating future provision of infrastructure capacity.
B. For adjacent property owners and neighborhood associations. Permits local property owners and neighborhood associations to evaluate the cumulative impacts associated with the full build-out of large-scale public facilities and to influence the design and development standards and conditions of operation necessary to minimize these impacts so as to protect the character of the surrounding areas.
C. For the City. Permits the city to ensure a full range of public facilities and services are available throughout the community to meet the governmental, medical, educational, cultural and religious needs of its citizens; to plan the extension of public infrastructure in a timely and efficient manner; and to ensure that the development of public facilities are compatible with community character and values. (Ord. M-3643, 01/26/2004)
A. Detailed master plan. A detailed master plan is one in which the initial and subsequent phases of development are described in substantial detail including the size, location and use of specific buildings; location of pedestrian/vehicular circulation; size and location of parking facilities; projection of existing and future infrastructure capacity and demand; and architectural and landscaping design standards and materials. If change to an approved project or phase is necessary, additional review is required, the extent of which is to be determined by the magnitude of the change. Therefore, the detailed master plan offers substantial certainty but less flexibility.
B. Concept master plan. A concept master plan is one in which the applicant gets initial approval of the concept of development by identifying a series of “building envelopes.” Within each building envelope the range of primary and secondary uses; total gross area of development; total number of vehicular trips and parking space; infrastructure requirements; and other off-site impacts are estimated but without identifying the exact size, location and design of specific buildings. The concept plan also contains overall site design and development standards and architectural/landscaping principles and materials. At the time a specific building or phase is to be constructed, the applicant must request a land use review to provide the specific information not previously available and to ensure that the proposal is in keeping with the initially approved concept. A concept master plan offers substantial flexibility to alter specific buildings up until the time they are constructed while reducing the amount of information needed at the time since a substantial proportion of the development already has been approved. Thus, this option offers substantial flexibility but less certainty.
C. Hybrid master plan. In the hybrid master plan, the applicant provides a detailed master plan of the initial and one or more subsequent phases of development, so as to get approvals for several projects at once, but requests only conceptual approval for later phases, where there currently is inadequate information to project future applicant needs and mitigation measures. This option offers a balance of certainty and flexibility. (Ord. M-3643, 01/26/2004)
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A. Public facilities governed by these regulations.
1. Governmental facilities such as civic centers; libraries; auditoriums; police, fire and other public safety facilities; and water, sewer and storm water treatment facilities.
2. Public transit facilities including train stations and transit centers.
3. Publicly- and privately-owned medical centers.
4. Public and private elementary, middle and high schools.
5. Public and private colleges and universities.
6. Religious institutions.
B. When required. The use of this chapter is voluntary except in the Columbia River Shoreline Enhancement Plan District, where master planning is required. See VMC 20.620.030(A). However, when this chapter is used all provisions of the chapter shall be applied.
C. Type of master plan. Public facilities that employ the provisions in this chapter, whether or not on a mandatory or voluntary basis, may select the type of master plan, as described in Section 20.268.020 VMC above, that best reflects its development needs. (Ord. M-3764 § 4, 10/16/2006; Ord. M-3643, 01/26/2004)
A. Initial approval. The initial approval of all public facilities master plans, regardless of type, shall be reviewed by means of a Type III procedure heard before the Hearings Examiner as contained in Section 20.210.060 VMC using the approval criteria contained in Section 20.268.050 VMC.
B. Subsequent phases. The type of development review required for subsequent phases of a master plan for which initial approval has been obtained depends on the type of master plan selected.
1. Detailed master plan. At the time of construction of a project or phase of development that was approved as part of the initial master plan, the applicant shall submit documentation demonstrating that the proposed project or phase is in substantial compliance with that contained in the original approval at the time the applicant submits the project for a building permit. An application submitted for a public facility master plan shall include the information listed below:
a. Detailed site plan;
b. Elevations of all buildings;
c. Landscape plan;
d. Erosion control plan;
e. Stormwater management plan;
f. Narrative documenting the following. Modification(s) to a project or phase of development shall require further review, dependent upon the extent of the modifications(s) as described in Subsection (C) below, subject to the approval criteria contained in Section 20.268.050 VMC:
1. Compliance with all development and design standards in the base zone, or as modified in the initial master plan approval;
2. Compliance with all conditions of approval; and
3. Consistency with traffic, parking and infrastructure plans contained in the initial master plan approval.
2. Concept master plan. All subsequent projects or phases of development conceptually approved in the initial approval are subject to a Type II review, using the procedures contained in Section 20.210.050 VMC at the time of development. An application submitted for a public facility master plan shall include the information listed below:
a. Detailed site plan;
b. Elevations of all buildings;
c. Landscape plan;
d. Erosion control plan;
e. Stormwater management plan; and
f. Narrative documenting how the project or phase of development complies with the approved concept plan including:
1. Proposed mix of uses; development cap for square footage, floor-to-area ratio (FAR) and lot coverage; design and development standards; and mitigation of off-site impacts;
2. All development and design standards in the base zone, as modified in the initial master approval;
3. All relevant conditions of approval;
4. Approved transportation, parking and infrastructure plans contained in the initial master plan approval.
g. As part of the Type II application, the applicant may introduce any modifications necessary to a specific project or phase of development as specified in Subsections (C)(2) and (C)(3), subject to the approval criteria contained in Section 20.268.050 VMC. Modifications of the intensity contained in Subsection (C)(4) shall require a Type III application per 20.210.060 VMC, subject to the approval criteria contained in Section 20.268.050 VMC.
3. Hybrid master plan. For subsequent projects or phases of development for which detailed approval has been granted as part of the initial master plan approval, the applicant shall use the procedures described in Subsection (B)(1) above. For subsequent projects or phases of development for which conceptual approval has been granted as part of the initial master plan approval, the applicant shall use the procedures described in Subsection (B)(2) above.
C. Modification of approved detailed or hybrid master plans. The type of approval process required to address requested modifications of an approved detailed or detailed phases of a hybrid master plan depends upon the magnitude of the proposed change. Modifications include requests to add, remove or change any aspect of the approved master plan.
1. Allowed without subsequent review. The following do not require subsequent land use review and are allowed upon issuance of a building permit, if required:
a. Interior improvements.
b. Exterior improvements associated with existing buildings that do not involve an expansion of floor area, subject to all applicable base zone development and design standards, as modified in the initial plan approval, and relevant conditions of approval.
c. Installation of new or modification of existing mechanical or electrical equipment, subject to all applicable base zone development and design standards, as modified in the initial master plan approval, and relevant conditions of approval.
d. Maintenance of existing facilities, when a building permit is required.
2. Type I procedure. The following shall be reviewed by means of a Type I review, using procedures contained in Section 20.210.040 VMC:
a. Modification of the location of an approved building or building addition, providing the modification complies with the applicable base zone development and design standards, as modified in the initial master plan approval, and all relevant conditions of approval.
b. Modification of use or design and development standards including architecture, landscape architecture, pedestrian and bicycle facilities; signs and/or lighting elements approved in the initial plan.
c. A new building of any size in any location that replaces a building approved but not constructed, providing there is: 1) no net increase in total building coverage, and 2) compliance with the applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval.
d. New buildings or building additions up to 10,000 gsf not anticipated and, therefore, not contained in the initial master plan approval, except in locations within 100’ of the campus boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 3,000 gsf, providing the modification complies with the applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval. Under this provision, new construction of such unanticipated buildings or building additions shall not exceed 10,000 gsf in any one year, and shall not exceed 30,000 gsf in any four years. As part of the Type I review, the applicant shall provide information on the amount of floor area built to date for the year in which the application is submitted, and the amount of floor area built within the four-year period preceding the request.
3. Type II review. The following shall be reviewed by means of a Type II review, using procedures contained in Section 20.210.050 VMC.
a. A change in the approved campus boundary resulting in the exchange of properties where the total amount of land in the approved boundary remains the same or is decreased.
b. New building or building addition exceeding 10,000 gsf but less than 50,000 gsf, not anticipated and, therefore, not contained in the initial master plan approval, located more than 100’ from the campus boundary abutting residentially-zoned property. The request must comply with the applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval. For new buildings or building additions exceeding 25,000 gsf under this provision, the applicant shall provide traffic and parking analyses of the proposal as part of the Type II application.
c. New building or building addition exceeding 3,000 gsf but less than 25,000 gsf, not anticipated and, therefore, not contained in the initial master plan approval, located within 100’ of the campus boundary abutting residentially-zoned property. The request must comply with all applicable base zone design and development standards, as modified in the initial master plan approval, and all relevant conditions of approval.
d. An increase or decrease of up to 10% in the total number of parking spaces approved in the initial master plan approval. The applicant shall provide a parking analysis related to the proposal as part of the Type II application.
4. Type III review. The following shall be reviewed by means of a Type III review, using procedures contained in Section 20.210.060 VMC.
a. Expansion of the public facility’s campus boundary beyond that contained in the initial master plan approval.
b. New building or building additions of 50,000 gsf or more, not anticipated and, therefore, not contained in the initial master plan approval, except within 100’ of the campus boundary abutting residentially-zoned property where this review shall be required for new buildings or building additions that exceed 25,000 gsf.
c. Proposals that result in a cumulative increase of over 10% of total building floor area contained in the initial master plan approval.
d. Proposals that result in an increase of 10% or more of site-generated vehicular trips.
e. An increase or decrease greater than 10% in the total number of parking spaces contained in the initial master plan approval.
f. Existing utilization that summarizes the total number of employees and patrons, e.g., students, patients, citizens, routinely served on the site. This utilization can be expressed in terms that are appropriate to the use such as total full-time equivalent (FTE) students and total patient visits.
g. A proposed use or development that was denied in the initial master plan approval.
D. Concurrent review. An applicant may submit applications for initial review and one or more subsequent phases of development concurrently. (Ord. M-3643, 01/26/2004)
A. Approval criteria. To receive approval for a public facility master plan, the applicant must demonstrate compliance to all of the following approval criteria:
1. Content. The master plan contains all of the components required in Section 20.268.070 VMC.
2. Compliance with all applicable standards. The proposed development and uses comply with all applicable standards of the title, except where variances are being approved as part of the master plan application.
3. Transportation system capacity. There is either sufficient capacity in the transportation system to support the development proposed in all future phases safely or there will be adequate capacity by the time each phase of development is completed.
4. Availability of public services. There is either sufficient capacity within public services such as water supply, police and fire services, and sanitary waste and storm water disposal, to support the development proposed in all future phases adequately, or there will be adequate capacity available by the time each phase of development is completed.
5. Protection of designated resources. City-designated resources such as historic landmarks, significant trees and sensitive natural resources (as identified on the city’s inventories) are protected and enhanced in compliance with the regulations in this and other titles of the Municipal Code.
6. Compatibility with adjacent uses. The master plan contains design, landscaping, parking/traffic management and multi-modal transportation elements that limit conflicts between the public facility campus and adjacent uses.
7. Mitigation of off-site impacts. All potential off-site impacts including litter, noise, shading, glare and traffic, will be identified and mitigated to the extent practicable.
8. Balance of benefits and impacts. The public benefits of the proposed public facility outweigh any impacts that cannot be mitigated after considering the alternatives.
B. Conditions of approval. The review authority shall impose any conditions of approval necessary to mitigate potentially adverse impacts on surrounding properties to the greatest extent practicable. (Ord. M-3643, 01/26/2004)
A. Applicability. The development standards in Subsection B below are established for public facilities located in residential zones.
B. Development standards.
1. For portions of an institutional campus abutting all residential zones and the CC and WX zones (not separated by a street):
a. Minimum building setback: 35’;
b. Maximum height: 35’ at the setback increasing 1’ for every one foot of additional setback for a maximum height of 90’; and
c. Minimum landscaped buffering between use and adjacent residential or commercial development: 15’.
2. The development standards in Subsection (1) above do not apply to existing buildings.
3. All other development standards, including minimum and maximum setbacks, height, lot coverage, floor-to-area (FAR) ratio and minimum landscaping, will be developed as part of the master plan. Concurrent variances, as regulated by Chapter 20.290 VMC are not required. (Ord. M-3643, 01/26/2004)
A. Existing conditions. An existing public facility that wishes to expand shall provide all of the following information regardless of the type of master plan format selected. A new public facility shall be provided the following information as appropriate:
1. Mission statement that identifies the purposes and scope of services provided by the public facility.
2. List of existing primary and accessory uses associated with the public facility.
3. Existing utilization that summarizes the total number of employees and patrons, e.g., students, patients, citizens, routinely served on the site. This utilization can be expressed in terms that are appropriate to the use such as total full-time equivalent (FTE) students and total patient visits.
4. Establishment of the existing campus boundary. The campus boundary may include properties not in the applicant’s ownership with the understanding that these cannot be used for public facility uses until they come into the applicant’ s ownership or control. Information shall include: 1) total acreage within the boundary; 2) list of all properties within the boundary by size, legal description and ownership, presented in both tabular and graphic formats; 3) calculation of the percentage by acreage of property within the campus boundary in the applicant’s ownership or control; and 4) list of all properties by size and legal description within the applicant’s ownership or control outside the campus boundary within 400’, presented in both tabular and graphic formats.
5. Vicinity map that identifies surrounding uses within 400’ of the campus boundary.
6. Zoning map that identifies base and overlay zoning designations for the campus and surrounding properties uses within 400’of the campus boundary.
7. Site description for all property in the applicant’s ownership and control within the campus boundary including the following information provided in narrative, tabular and/or graphic formats:
a. Topography and natural resources including 100-year flood plain; drainage patterns and courses; wetlands, rivers, springs and other water bodies; significant stands of trees and individual trees with a caliper greater than 6” as measured 4’ above grade; significant fish and wildlife habitat, and natural hazards such as steep slopes greater than 15%, and unstable, impermeable or weak soils. Exhibit must include a site plan with no greater than 2’ contours for slopes of 0 – 10% and no greater than for slopes greater than 10%.
b. Open space inventory including all natural and landscaped areas.
c. Inventory of cultural, historic and/or archeological resources on the site, if any.
d. Existing building inventory including use, location, size and date of construction.
e. Existing on-site pedestrian, bicycle and vehicular circulation system.
f. Inventory of existing vehicular and bicycle parking spaces and location of surface and structured parking facilities.
g. Location and size of all public and private utilities on the campus including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.
h. Location of all public and private easements.
8. Calculation of existing development intensity including average total site coverage (including building footprints, parking/roadways and sidewalks/pedestrian paths); total open space by acreage and percentage; and average floor-to-area (FAR) ratio.
9. Detailed description of the transportation system within and adjacent to the campus including:
a. Street classification of all internal and adjacent streets.
b. Transit service availability.
c. Description of transportation demand management plan to reduce dependence on single-occupant vehicle (SOV) use, if any.
d. Existing modal split data for employees and, if available, for patrons and visitors to the site.
e. Baseline traffic impact study prepared by a licensed engineer to include information as required by the city’s Traffic Engineer.
f. Baseline parking demand study prepared by a licensed engineer to include information as required by the city’s Traffic Engineer.
10. Analysis of existing infrastructure capacity on and in the vicinity of the campus.
11. Completed SEPA checklist on city-provided form with applicable fee.
B. Planning history. All existing and new public facilities, regardless of the type of master plan format selected, shall provide the following information:
1. Summary that describes the public involvement/neighborhood planning process used by the applicant in the development of the master plan application including written agreements, meetings and other outreach efforts. The applicant shall have at least one meeting with the affected recognized neighborhood and business associations prior to the submission of the application with city staff in attendance. However, the applicant is encouraged to meet with affected property owners on a regular basis as the master plan is developed.
2. Summary of all previous known land use cases affecting the applicant’s property within the campus boundary and a list of all outstanding conditions of approval that either have not been addressed in the past and/or that remain in force at the time of the application.
C. Proposed development plan.
1. Detailed master plan. The following information is required for a detailed master plan:
a. Description of anticipated growth during the master plan’s term that justifies additional development. This includes projections related to the increase in the number of employees, patrons and visitors to the site; increases in programming and events; and/or other indices of increased utilization.
b. Description of the ultimate campus boundary. If the applicant proposed to expand the boundary from its current configuration, information about the expansion area shall be provided including: 1) total additional acreage; 2) list of all properties within the expansion boundary by size, legal description and ownership, presented in both tabular and graphic formats; and 3) calculation of the percentage of acreage within the expansion area in the applicant’s ownership or control. The expansion area may include properties not in the applicant’s ownership with the understanding that these cannot be used for the public facility’s use until they come into the applicant’s ownership or control.
c. Description of all proposed development within the term of the master plan, presented in narrative, tabular and graphic formats:
1. Description of expansions of existing buildings and new buildings anticipated during the term of the master plan, including size, location, approximate footprint and use.
2. All other site improvements including new or expanded surface and structured parking facilities; bicycle parking facilities; on-site pedestrian, bicycle and vehicular circulation; transit stops and pedestrian/transit amenities; and open space and landscaped areas.
3. The location of new and/or expanded existing public and private infrastructure including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.
d. Phasing plan for implementation of proposed development.
e. Summary of development intensity at full build-out of the master plan including average FAR and lot coverage.
f. Summary of transportation facilities, including:
1. Traffic impact study prepared by a licensed engineer that describes traffic impacts associated with each phase of development and at full build-out under the master plan, and mitigation plan for accommodating this traffic in compliance with regulations for transportation concurrency contained in Title 11.95 VMC. The specific content of the traffic impact study shall be determined by the city’s Traffic Engineer.
2. Parking impact study describing the parking demand associated with each phase of the development and at full build-out under the master plan, and a mitigation plan for accommodating this parking demand within the site.
3. Transportation demand management plan to encourage employees and patrons to use alternative modes of transportation including carpooling/vanpooling, walking, biking, transit and telecommuting. The plan shall comply with the requirements of the Washington Commuter Trip Reduction Rule, if applicable.
4. Concurrent or proposed street vacations, with a description of potential parking and traffic/pedestrian circulation impacts, if any, and appropriate measures to mitigate these impacts.
g. Plan for protecting city-designated environmental, historic/cultural and open space resources, if any.
h. Design standards that will govern the orientation and design of buildings and other improvements including but not limited to the following. Public facilities shall be encouraged to use building techniques and materials that result in projects that are architecturally sound, durable and energy-efficient.
1. Architecture, including design standards and building materials board.
2. Landscaping, including design standards and standard plant list. Native plant materials are preferred.
3. Pedestrian circulation, including development standards and materials.
4. Bicycle parking facilities, including specifications.
5. Signs.
6. Lighting.
i. Neighborhood communication and coordination plan to ensure that the public facility institutionalizes an on-going process for communicating and problem-resolution with neighbors. This includes the following:
1. An annual meeting hosted by the public facility with representatives from the recognized neighborhood and business associations and other interested parties within whose boundaries the public facility is located. The purpose of the meeting is to discuss short- and long-term plans for campus development. The public facility must extend the invitation, and have documentation therein, even if the affected associations choose not to meet with the public facility representatives. This information shall be provided to the city.
2. A process for meeting with neighborhood and business associations to provide the opportunity to review and comment in a timely fashion prior to construction of specific buildings or other development, to be coordinated with the appropriate land use review as described in Section 20.268.040(B) VMC.
2. Concept master plan. The following information is required for a concept master plan:
a. All of the same information as required for a detailed master plan described in Subsection 1 above except (1)(c) that shall be replaced with the information contained in Subsection (b)-(e) below.
b. Creation of a pedestrian, bicycle and vehicular circulation framework for the entire site at full build-out of the master plan.
c. Creation of an open space framework for the entire site at full build-out of the master plan.
d. Using the circulation and open space as a framework, division of the proposed development area into a series of phases. For each phase, provide the following information:
1. The approximate mix of uses by percentage;
2. The total gross square footage of development, FAR and lot coverage anticipated without detailing the specific location, size and footprint of specific buildings or surface/structured parking facilities;
3. The proportion of the phase to be devoted to circulation and open space.
3. Hybrid master plan. All of the same information as required for a detailed master plan described in Subsection (1) above will be required in the hybrid master plan for phases where detailed design/development approval is sought. For phases where only concept design/development approval is sought, the requirements of Subsection (2) above shall apply. (Ord. M-3643, 01/26/2004)
A. Applicability. A detailed, concept or hybrid master plan shall be reviewed under this chapter and the zoning, development and other land use control ordinances contained in the Vancouver Municipal Code and any uncodified ordinances modifying the same, in effect on the date a master plan application has been deemed fully complete by the city. For the purposes of this section, a vested master plan application shall mean that the applicant is entitled to implement the master plan, or any portion of it, described in the application, under the zoning, development and land use ordinances applied by the city in its review of the master plan application. An application shall be vested for the term of the master plan as governed by 20.268.100 VMC.
B. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the Planning Official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project and the city while maintaining consistency with the comprehensive plan. Applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances the development remains subject to and will not be significantly detrimental to the health, safety, or general welfare of the city. Planning Official shall review and either approve the request or determine if a new application must be submitted. (Ord. M-3643, 01/26/2004)
A. Applicability. An applicant for a detailed, concept or hybrid plan shall be entitled to reserve capacity in the transportation system for the proposed development’s trip generation and shall be deemed to have achieved transportation concurrency, under the concurrency rules and regulations in effect at the time that the master plan application is vested under Section 20.268.070 VMC above, if 1) the applicant obtains a certificate of concurrency for all or any portion of its proposed development under Title 11.95 VMC, Transportation Concurrency; or 2) the applicant and the city enter into a development agreement as regulated by Chapter 20.250 VMC, Development Agreements, which by its terms reserves capacity in the transportation system and includes a finding of transportation concurrency. The term for the concurrency determination shall be set as the term in the certificate of concurrency or the development agreement, as the case may be. (Ord. M-3643, 01/26/2004)
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A. General. The term of a public facilities master plan shall be no longer than 10 years. Extensions may be granted in accordance with the criteria and procedures provided hereinafter.
B. Extension. If not all phases of development approved in the initial approval have been built out within the approved term, the applicant may request an extension using procedures contained in Section 20.210.050 VMC. Two one-year extension requests may be reviewed in accordance with the following criteria:
1. The applicant has pursued submitting the master plan in good faith; and
2. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes which are inconsistent with the approved master plan.
3. There are no other significant changed conditions which would render filing of the public facilities master plan contrary to the public health, safety or general welfare.
4. An extension request shall be filed in writing with the Planning Official at least 30 days prior to the expiration of the initial five-year period or any subsequently approved extensions.
5. The Planning Official shall render a decision on the request pursuant to the Type I procedures. (Ord. M-4105 § 3, 11/17/2014; Ord. M-3643, 01/26/2004)
Purpose. The purpose of this Chapter is to establish procedures, criteria and timelines for reviewing certain development applications within the City of Vancouver. More specifically, this chapter is intended to achieve the following:
A. Compliance with applicable standards. Establish procedures to ensure that the design of site improvements and building improvements are consistent with applicable standards, minimize adverse impacts on surrounding land uses, and allow for and encourage flexibility in the design and layout of site improvements and buildings, and innovation in design and construction.
B. Public review. Provide opportunity for public review and comment on development proposals. (Ord. M-3643, 01/26/2004)
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A. General. All new developments and modifications to existing developments shall require site plan review and approval prior to the issuance of any building permits, establishment of any new uses, or commencement of any site work unless otherwise exempted in this title. Developments subject to site plan review shall comply with the Vancouver Municipal Code and all other State statutes and applicable laws and regulations.
B. Exemptions. The following developments and land use categories shall be exempt from Site Plan Review:
1. Land divisions and boundary line adjustments pursuant to Chapter 20.320 VMC.
2. All new developments and buildings that are engaged in agriculture/horticulture as defined in Chapter 20.160 VMC Use Classifications.
3. Other activities including:
a. Landscaping or landscape alterations, unless such landscaping or alterations would modify or violate a condition of approval. In such instance, the activity shall be processed as a modification of the existing land use approval pursuant to Section 20.210.140 VMC, Post Decision Review.
b. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping or utilities.
c. New parking lots having 10 or fewer parking spaces.
d. Any change in commercial or industrial land use to another commercial or industrial land use permitted in the applicable zoning district, provided any site alteration is below the thresholds in subsection D below.
e. Building permits required pursuant to the City’s adopted building code not requiring a development land use permit pursuant to this title, including interior remodeling and tenant improvements.
f. On-site utility permits, e.g., sewer hook-ups, water hook-ups, Fire Department permits.
g. Comprehensive Plan map and text amendments and associated zone changes pursuant to 36.70A.130 RCW or Section 20.210 VMC.
h. New construction of or modification to existing single-family and duplex dwellings not requiring an environmental review.
i. Site-specific rezoning requests not associated with any other land use permit.
j. Projects processed under an approved, detailed Public Facilities Master Plan.
k. Notwithstanding the provisions of 20.270.020 (A), (C) and (D), any development that the Planning Official finds should be exempt because it does not result in an substantive increase in land use activity or intensity or in any adverse off-site impact perceptible to a person of average sensibilities, and because the City can assure the development complies with applicable standards without site plan review.
C. Development subject to Type I Site Plan Review. New development or modifications to an existing permitted development or existing legal nonconforming use shall require a Type I review if the proposal would result in any of the following:
1. New residential developments of between three and 19 dwelling units or, if existing, an increase in dwelling unit density of up to 20 percent, provided the proposed density does not exceed the maximum allowed density in the underlying base zoning district;
2. Nonresidential development of less than 12,000 square feet or, if existing, an increase in the floor area of a nonresidential structure or use by up to 6,000 square feet;
3. For existing developments a reduction in the area reserved for open space, recreational facilities and/or landscaped areas by up to 20 percent;
4. New parking lots of 11 to 39 parking spaces or, if existing, an increase in the number of existing parking spaces by up to 20 percent;
5. Modular school classrooms on an established public or private school site shall be reviewed under a Type I site plan process.
6. A change in the location of access ways to frontage roads where off-site traffic would be affected.
7. Projects which qualify as a planned action shall be processed under a Type I process, subject to any additional requirements, as applicable, of Chapter 20.790 VMC, Planned Action Review.
D. Development subject to Type II Site Plan Review. New development or modifications to an existing permitted development or existing legal nonconforming use shall require a Type II review if the proposal would result in any of the following:
1. New residential development of 20 units or more or, if existing, an increase in dwelling unit density of more than 20 percent, provided the proposed density does not exceed the maximum allowed density in the underlying base zoning district;
2. New nonresidential developments of 12,000 square feet or more of, if existing, an increase in the floor area of a nonresidential structure or use by more than 6,000 square feet;
3. For existing developments, a reduction in the area reserved for open space, recreational facilities and/or landscaped areas by more than 20 percent;
4. New parking lots of 40 or more spaces or, if existing, an increase in the number of existing parking spaces by more than 20 percent or an increase of more than 40 parking spaces, whichever is greater;
5. An increase in vehicular traffic to and from the site of more than 200 average daily trips, based on the latest edition of the International Transportation Engineer’s (ITE) Trip Generation Manual, or substantial evidence by a professional engineer licensed in the state of Washington with expertise in traffic engineering. (Ord. M-3959 § 17, 07/19/2010; Ord. M-3701 § 9, 05/02/2005; Ord. M-3663 § 9, 08/02/2004; Ord. M-3643, 01/26/2004)
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A. New development or redevelopment. Site plan development review for a new development or redevelopment shall be processed by means of a Type I or Type II procedure, as governed by Section 20.210.040 or .050 VMC, using approval criteria contained in Section 20.270.040 VMC.
B. Modifications. Modifications of an approved site plan shall be processed pursuant to Section 20.210.140 VMC, Post-Decision Review.
C. Approval period. Site plan review approval shall be effective for a period of 5 years from the date of approval. The site plan review approval shall expire if:
1. Substantial construction of the approved plan has not begun within a five-year period; or
2. Construction on the site is a departure from the approved plan.
D. Extension. The Planning Official may grant an extension of the approval period by means of a Type I procedure, pursuant to Section 20.210.040 VMC, provided that:
1. A three-year extension may be granted for projects which received preliminary land use approval on or before December 31, 2015; any project approved after such date shall be eligible for a one-year extension; and
2. There have been no changes to the original site plan as approved by the Planning Official;
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and
4. The applicant has demonstrated a good faith effort to proceed with the activity.
E. Phased development.
1. Upon request The Planning Official may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than 6 years without reapplying for site plan review. Phasing plans shall be reviewed by means of a Type I procedure, using the approval criteria contained in Subsection (2) below.
2. The criteria for approving a phased site plan review application shall be as follows:
a. The public facilities are necessary to serve the phase constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or District standard; and
c. The phased development shall not result in requiring the City, other property owners, or latecomers, to construct public facilities that were required as part of the approved development proposal. (Ord. M-4037 § 7, 12/03/2012; Ord. M-3643, 01/26/2004)
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Unless waived in writing and in advance by the planning official, an applicant shall submit all of the following items with an application for a Type I or Type II site plan review:
A. General.
1. A completed application form provided by the planning official.
a. An existing conditions plan described in subsection B of this section.
b. A site plan described in subsection C of this section.
c. A preliminary stormwater and erosion control plan or plans described in subsection D of this section.
d. Architectural plans and elevations described in subsection E of this section.
e. A landscape plan described in subsection F of this section.
2. A narrative describing the development including uses proposed for the site, hours of operation, hours and frequency of deliveries, and construction schedule.
3. Payment of all applicable review fees.
4. Certified mailing list (not applicable for Type I applications). Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and two sets of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide mailing labels addressed to “occupant” as can be determined from available county assessor records (two copies).
5. The location of natural conditions, such as:
a. Waterbodies, the 100-year floodplain, aquatic habitats, natural drainage courses, wetlands, spring seeps, closed depression areas, groundwater elevations, aquifers, and wellhead protection areas.
b. Geological hazard areas such as slopes in excess of 15 percent unstable or weak soils, soils with high erosion potential, rock outcroppings, and areas of healthy native soils and hydraulic conductivity.
c. Existing vegetation including stands of trees and individual trees with a caliper greater than six inches, additional information necessary to comply with Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation, and areas of wildlife habitat.
B. Existing conditions plan. An existing conditions plan shall include the following information:
1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations within a given radius of the site.
2. The site size, dimensions and orientation relative to north.
3. The location, name and dimensions of all streets adjoining the site indicating whether privately or publicly owned.
4. The location of existing structures and other improvements on the site, including structures, driveways, parking, loading, pedestrian and bicycle paths, passive or active recreational facilities or open space, and utilities.
5. Elevation of the site at two-foot contour intervals for grades zero percent to 10 percent and at five-foot contour intervals for grades more than 10 percent.
6. The approximate location of significant natural conditions, such as:
a. The 100-year floodplain.
b. The location of drainage patterns and drainage courses.
c. Slopes in excess of 15 percent.
d. Unstable ground, e.g., land subject to slumping, slides or movement.
e. High seasonal water table or impermeable soils.
f. Areas having severe soil erosion potential.
g. Areas having severe weak foundation soils.
h. Significant wildlife habitat or vegetation.
i. Rock outcroppings.
j. Information necessary to comply with Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation, where applicable.
C. Proposed site development plan. The proposed site plan shall be drawn at the same scale as the existing conditions plan and shall include the following information:
1. The proposed site and its dimensions and area, orientation relative to north.
2. Abutting properties or, if abutting properties extend more than 100 feet from the site, the portion of abutting properties within 100 feet of the site, and the approximate location of structures and uses on abutting property or portion of the abutting property.
3. The location and dimensions of proposed development, including the following:
a. Streets and other rights-of-way and public or private access easements on and adjoining the site;
b. Vehicle, pedestrian and bicycle parking and circulation areas, including handicapped parking stalls and disembarking areas, accessible route of travel, proposed ramp and signage as required by Chapter 51-40 WAC;
c. Loading and service areas;
d. Active or passive recreational or open space features;
e. Above-ground utilities;
f. Existing structures to be retained on the site and their distance from property lines;
g. Proposed structures on the site, including signs, fences, etc., and their distance from property lines;
h. The location and type of proposed outdoor lighting and existing lighting to be retained; and
i. The size and location of solid waste and recyclables storage areas.
4. Summary table which includes parcel zone, total site area, gross floor area by use, (i.e., manufacturing, office, retail, storage), itemized number of full size, compact and handicapped parking stalls and the collective total number, total lot coverage proposed, including residential density calculations.
5. Location, dimensions, and purpose of existing easements.
D. Grading, Erosion Prevention, and Stormwater Plans.
1. Grading Plan indicating areas of soil protection and compaction prevention;
2. Erosion Prevention measures as required in Chapter 14.24 VMC; and
3. Stormwater Site Plan as required in Chapter 14.25 VMC, including identification of areas and types of vegetation preserved as part of low impact development plan.
E. Architectural plans and elevations. The following architectural plans and elevations shall be provided:
1. Floor plans showing at least the gross square footage of each structure and outdoor activity area proposed on the site, including existing structures and outdoor activity areas to be retained.
2. A description of the proposed and potential uses of each structure or portions of a structure and each outdoor activity area.
3. Typical elevation drawing of each structure.
4. Identify locations of walls, exits and openings.
F. Landscape plan. The landscape plan shall be drawn at the same scale as the existing conditions plan, or a larger scale if necessary. A landscape plan shall show the following:
1. The location, species and size, i.e., diameter and/or height, of existing landscape material, identifying the material to be removed and to be retained;
2. The location, species, size at planting and spacing of proposed plant materials;
3. The proposed landscape area of the site (i.e., in terms of square feet and a percentage of the net site area);
4. The location, height and material of fences, buffers, berms, walls and other proposed screening;
5. The location and dimensions or area of terraces, decks, shelters, play areas and open spaces; and
6. Surface water management features that are integrated with landscape, recreation or open space areas including stormwater facility planting plans and areas of vegetation preserved as part of a low impact development plan.
G. Tree, Vegetation, and Soil Plan. As required by Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation. Tree plan may be combined with the landscape plan.
H. Other. Other information shall be provided as needed to show the development complies with other applicable standards and with conditions of approval of related SEPA determinations and land use actions and permits.
I. Fees payable. Applicable fees as specified in Table 20.180.060, Planning Fees, shall be paid at the time of application for Site Plan Review. (Ord. M-4438 § 4(G), 2023; Ord. M-4289 § 4, 2019; Ord. M-4254 § 3(D), 2018; Ord. M-4179 § 71, 2016; Ord. M-3840 § 12, 2007; Ord. M-3663 § 10, 2004; Ord. M-3643, 2004)
A. Compliance with applicable standards. The proposed development shall comply with all applicable design and development standards contained in this Title and other applicable regulations.
B. Adequacy of public facilities. The applicant shall demonstrate availability of adequate public services, e.g., roads, sanitary and storm sewer and water, available to serve the site at the time development is to occur, unless otherwise provided for by the applicable regulations. (Ord. M-3643, 01/26/2004)
Requirements. The Planning Official may require the use of escrow or other assurances to ensure that the completed project will be in compliance with the approved plan, as governed by Chapter 20.909 VMC Escrow and Assurances. (Ord. M-3643, 01/26/2004)
This chapter provides standards and processes governing the review of amendments to maps or text of the comprehensive plan and this title. Such amendments may be periodically necessary to reflect changing conditions and needs or to address legal considerations.
A. Types of proposals. The following types of proposals are reviewed under this chapter:
1. Map amendments to the comprehensive plan or to VMC Title 20 zoning designations applying to one or more properties.
2. Development agreements that are included with property specific comprehensive plan or zoning map changes being reviewed under this chapter.
3. Text changes to the comprehensive plan or to this title, except fees under Chapter 20.180 VMC.
4. Other development proposals which the city manager or designee determines warrant consideration under this chapter by virtue of their size, complexity, or impact on area wide planning policies. (Ord. M-3643, 01/26/2004)
A. Proposals reviewed under this chapter may be initiated by property owners or their representatives, the city of Vancouver, or private citizens or groups as follows:
1. Map Changes. Property owners or any individual, group or organization may initiate comprehensive plan and associated zoning map designation changes applying to one or more properties, through submittal of an annual review application and associated fees specified in Chapter 20.180 VMC. Standalone zoning changes not requiring a comprehensive plan change shall be subject to zone change application and associated fees per Chapter 20.180 VMC.
2. Text Changes. Property owners or any individual, group, or organization may initiate comprehensive plan or zoning code text changes through submittal of a text change application and associated fees per Chapter 20.180 VMC.
3. City Initiated Map or Text Changes. The city of Vancouver, on its own behalf or on behalf of an outside individual or group, may initiate comprehensive plan or zoning map and/or text changes. City initiation of outside requests for amendments shall be at city discretion, and generally limited to proposals that are limited in scope and/or clearly warranted in terms of policy implications, and subject to the following:
a. Private parties shall submit a written summary of the amendment proposed to community development department, an indication of why it is needed, and the potential land use impacts if approved. No application fees shall be assessed.
b. City staff shall maintain a docket listing of private party requests, and shall provide the listing not less than once per year to the planning commission, which shall determine which items shall be scheduled for public hearing review, deferred to future work programs, or discontinued. Requesting parties of discontinued proposals shall have the option of submitting formal applications under this chapter. (Ord. M-4402 § 3(I), 2023; Ord. M-4254 § 3(G), 2018; Ord. M-3643, 2004)
A. Overall Timing. Except as noted herein, all comprehensive plan map or comprehensive plan text amendments will be reviewed concurrently and not more than once per calendar year. Site specific zoning map amendments applying to properties proposed for comprehensive plan map changes shall also be submitted at that time. All other zoning map or zoning text amendments may be reviewed independently and more frequently than once per year.
B. Pre-Application. Comprehensive plan or zoning map amendments proposed by private parties shall require a pre-application conference. The conference shall be scheduled upon receipt of a complete Map Amendment Pre-application Form. Based on the information provided, the pre-application conference is intended to provide for a discussion of major issues and concerns and possible staff recommendation. Staff will provide a written summary within 14 days following the conference. Pre-application conferences are nonbinding, and do not vest the development rights of the proposals involved. Pre-application conferences shall not be required for city initiated map amendments, or text amendments initiated by any party.
C. Review Body.
1. All proposed Comprehensive Plan or zoning map or text changes shall be initially reviewed by the planning commission unless noted herein.
2. Standalone zoning map changes that propose to shift from one residential zoning designation to the next most or least intensive designation, and are accompanied by a proposed subdivision, shall be reviewed by the hearings examiner.
3. Development agreements accompanying a proposed zoning map change shall be reviewed by the body reviewing the map change.
D. Hearings Process. The planning commission at a duly advertised public hearing shall develop and forward a recommendation for approval, approval subject to modifications or conditions, or denial to the Vancouver city council. The Vancouver city council shall hold a duly advertised, open record public hearing to make final decisions on the planning commission recommendation.
E. Timing Exceptions. The following comprehensive plan changes may be reviewed more frequently than once per year.
1. The initial adoption of a subarea plan.
2. The adoption or amendment of a shoreline master program pursuant to Chapter 90.58 RCW.
3. The adoption or amendment of the capital facilities or transportation element of the comprehensive plan is undertaken concurrently with a related budget action.
4. The adoption of comprehensive plan amendments necessary to enact a Planned Action under RCW 43.21C.031(2).
5. Comprehensive plan amendments concurrent and related to an annexation.
6. Corrections of scrivener or mapping errors. Scrivener or mapping errors are defined as minor map or text errors in the comprehensive plan or development regulations which were clearly unintended and inconsistent with the record of their original adoption, as determined by the city. Correction of such errors shall be submitted by the city only, at no charge to parties demonstrating the error.
7. Emergency comprehensive plan amendments, defined as a change of community wide significance, and including but not limited to the following:
a. Action necessary to address threats to public health or safety.
b. Action necessary to ensure that the goals and policies of the comprehensive plan are not substantially obstructed.
c. Action necessary to respond to an order from the Growth Management Hearings Board or competent court of law.
F. Periodic comprehensive plan updates. At least once every eight years or as otherwise provided by state law, the city shall initiate a periodic review of the overall comprehensive plan and land use regulations. Within the calendar year of such review the city may alter the procedural requirements herein, although other approval criteria of this chapter shall still apply. (Ord. M-3643, 01/26/2004)
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A. Overall proposed map amendments reviewed under this chapter shall be approved only if demonstrated by the proponent to be in the public interest, as based on a review of all applicable principals from the following:
1. How the proposal is more consistent than the existing designation with applicable policies of the Vancouver strategic plan and comprehensive plan.
2. How the proposal is more consistent than the existing designation with each of the following objectives as applicable:
a. Encourage more intensive development to locate in major urban centers and corridors, particularly downtown Vancouver. Encourage development of distinct neighborhoods served by commercial nodes, and discourage urban sprawl and strip commercial development;
b. Provide development of uses which are functionally integrated with surrounding areas and neighborhoods in terms of local shopping, employment, recreational or other opportunities;
c. Provide development which is compatible and integrated with surrounding uses in terms of scale, orientation, pedestrian enhancements, and landscaping;
d. Conserve or enhance significant natural or historical features;
e. Provide adequate provision of transportation, water, sewer, and other public services;
f. Provide significant family wage employment opportunities and broadening of the Vancouver economy;
g. Provide for the formation and enhancement of neighborhoods and communities; and
h. Provide affordable or below-market-rate housing opportunities.
3. Scope of review. Review and evaluation of proposed comprehensive plan or zoning map changes shall consider both the likely and possible future use of the site and associated impacts.
4. Cumulative Impacts. The review of individual comprehensive plan map or policy amendments, other than exceptions noted in VMC 20.285.040, shall also consider the cumulative transportation, land supply, and environmental impacts of other plan amendments proposed within the same annual cycle. (Ord. M-3922 § 13, 07/06/2009; Ord. M-3701 § 9, 05/02/2005; Ord. M-3643, 01/26/2004)
Code reviser’s note: ACM M-3701, Amended, 03/17/2008, should be 25 years.
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A. Zoning map amendments not involving associated comprehensive plan map amendments shall demonstrate the following:
1. How the proposal is more consistent with applicable policies of the Vancouver strategic plan and comprehensive plan than the existing designation; and
2. That a change in circumstances has occurred since the existing designation was established. (Ord. M-3959 § 18, 07/19/2010; Ord. M-3922 § 14, 07/06/2009; Ord. M-3730 § 5, 12/19/2005; Ord. M-3643, 01/26/2004)
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A. Text amendments to the comprehensive plan or VMC Title 20 zoning standards shall demonstrate the following:
1. The proposal is consistent with applicable policies of the Vancouver strategic plan and comprehensive plan; and
2. The proposal is necessary to further the public interest based on present needs and conditions. (Ord. M-3959 § 19, 07/19/2010; Ord. M-3643, 01/26/2004)
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A. Notice indicating the time and place of public hearings for review of proposed amendments pursuant to this chapter shall be provided as follows:
1. For all amendments subject to this chapter, published notice within a newspaper of record at least 10 calendar days prior to the hearing.
2. For site specific map amendments, the following additional notice shall be provided:
a. Written notice mailed at least 10 calendar days prior to the public hearing to property owners and residents located within 500 feet of subject properties, as determined by records of the county assessor.
b. If located within or adjacent to an officially recognized neighborhood, notice shall also be sent to the neighborhood association president or chair.
c. A sign or signs on or adjacent to the proposal site posted at the site at least 10 calendar days prior to the hearing.
d. Written or posted notice may be foregone at the planning official’s discretion for map amendments which are limited to minimal adjustment of comprehensive plan or zoning designation borders within a property, or other corrections which do not increase the potential of additional land use development impacting the surrounding area.
3. For text amendments, written notice mailed at least 10 calendar days to individuals, groups, or agencies which are deemed necessary and appropriate by the city or which have requested notice of the particular action.
4. With the exception of newspaper publication, failure to provide notice to any person or group subject to this chapter shall not automatically invalidate the proceedings associated with the proposed action. (Ord. M-3922 § 15, 07/06/2009; Ord. M-3730 § 6, 12/19/2005; Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3730, Added, 12/19/2005, Sec 7)
Final decisions of the city council may be appealed to the Washington Growth Management Hearings Board or superior court, where appropriate, in accordance with provisions and timelines set forth by state statute and regulations. Where state statute or regulations do not provide timelines, an appeal must be submitted within 30 calendar days of the final council decision. Aggrieved parties shall exhaust local administrative remedies prior to state or federal administrative or judicial review of the city council decision. (Ord. M-3643, 01/26/2004)
A. Comprehensive plan and regulation map or text amendments within the Vancouver Urban Growth Area outside of city limits are the jurisdictional responsibility of Clark County. The city shall review notice provided from Clark County on such amendments, and shall reciprocally provide notice to Clark County of proposed amendments within city limits.
B. The city shall not support amendments which raise inconsistencies with this chapter, capital facilities plans or adopted population projections. (Ord. M-3643, 01/26/2004)
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The planning official shall maintain a record of amendments to the text and map of this title in a format convenient for the use of the public. (Ord. M-3922 § 16, 07/06/2009; Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3643, 01/26/2004)
Repealed by Ord. M-4254. (Ord. M-3643, 01/26/2004)
General. A variance to any development standard contained in this Title other than density and lot area may be granted when practical difficulties, unnecessary hardship or results inconsistent with the general purposes of Title 20 VMC would result from the literal enforcement of its requirements. The sole purpose of any variance shall be to prevent such difficulties, hardship or results, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone except when necessary to avoid such difficulties, hardship or results. (Ord. M-3643, 01/26/2004)
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A. Type I Variance. A Type I Variance is one that results in the modification of up to 20% of a numerical development standard that shall be subject to a Type I procedure, pursuant to 20.210.040 VMC, subject to the approval criteria contained in Section 20.290.040(A) VMC.
B. Type II Variance. A Type II Variance is one that results in the modification of a numerical development standard by more than 20% that shall be subject to a Type II procedure, pursuant to 20.210.050 VMC, subject to the approval criteria contained in Section 20.290.040(B) VMC.
Concurrent review. The applicant may submit requests for more than one variance for concurrent review. (Ord. M-3959 § 20, 07/19/2010; Ord. M-3701 § 10, 05/02/2005; Ord. M-3643, 01/26/2004)
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A. Application – Fees. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC.
B. Required information.
1. Narrative statement describing the requested variance(s) and demonstration of compliance to the appropriate approval criteria contained in VMC 20.290.040.
2. A site plan drawn to scale legible for digital reproduction showing the arrangement of the proposed development, and accurate representation of the size and shape of the parcel(s) including easements of any kind, all dimensions and parcel orientation. Include appropriate scale and north arrow.
3. Locations, dimensions and height of all existing and proposed buildings and structures, including garages, carports, fences, decks, patio covers and other accessory structures. Include dimensions from each other and from all property lines. Show dimension of eaves projecting beyond a wall or supporting post. Indicate usage of all structures.
4. Elevation of site at two-foot contour intervals for grades zero to 10 percent and at five-foot contour intervals for grades greater than 10 percent.
5. Existing and proposed curbs, sidewalks and curb-cuts. Indicate center line of street(s).
6. Location and detailed layout of off-street parking and loading areas.
7. Location of unstable ground, including high seasonal water table, impermeable soils, areas having a severe soil erosion potential, areas having severely weak foundation soils, significant historical, cultural or archaeological resources, significant wildlife habitat, and rock outcroppings. Note if none of these apply.
8. Archaeological pre-determination report, if necessary.
9. The approximate location and type of vegetation, including individual trees that have a diameter of six inches or more measured four feet above grade. The plan may show clusters of such trees rather than individual trees when individual trees are near one another. Provide proposed plan for compliance with Chapter 20.770 VMC, Tree Conservation, if necessary.
10. Certified mailing list (Type II only). Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and one set of stamped and addressed envelopes and one set of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide one set of stamped and addressed envelopes and one set of mailing labels addressed to “occupant” as can be determined from available county assessor records. (Ord. M-4496 § 3(C), 2025; Ord. M-4289 § 4, 2019; Ord. M-3840 § 13, 2007; Ord. M-3663 § 11, 2004; Ord. M-3643, 2004)
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A. Type I Variance. The Planning Official may grant a Type I Variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in Subsection (1) above.
3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located.
B. Type II Variance. The Planning Official may grant a Type II Variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant such as is possessed by the owners of other properties in the same vicinity or district;
3. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in Subsection (1) above;
4. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located;
5. Any impacts resulting from the variance are mitigated to the extent practicable; and
6. If more than one variance is being requested, the cumulative effect of the variances results in a project that is still consistent with the overall purpose of the underlying zoning district. (Ord. M-3959 § 21, 07/19/2010; Ord. M-3840 § 14, 08/06/2007; Ord. M-3643, 01/26/2004)
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A. Time limit. Authorization of a variance shall be void after five years, unless a building permit has been issued and substantial construction has taken place. Subdivision variances shall be valid for the term of the preliminary plat.
B. Extension. Upon written request by the applicant and payment of the required fee pursuant to Chapter 20.180 VMC, the planning official may extend the authorization for a maximum of one year. (Ord. M-3840 § 15, 08/06/2007; Ord. M-3701 § 10, 05/02/2005; Ord. M-3643, 01/26/2004)