22.84.030 Types of project permits.
For the purpose of project permit processing, all project permit applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV.
A. Type I Permits. Type I permits set forth in Table 22.84.060(B)(1): Project Permit Types are minor administrative actions, and are not subject to public notice or a public hearing. Decisions on Type I actions are made by the zoning administrator. Type I project permits include the following actions:
1. Administrative interpretations shall meet the requirements set out in Chapter 22.10 MMC, Administration and Enforcement.
2. Boundary line revisions that are exempt from review under SEPA shall meet the requirements set out in MMC 22.68.060, Boundary line revisions.
3. Development permits that are exempt from review under SEPA.
4. Land clearing/forest practices permits that are exempt from review under SEPA shall meet the requirements set out in Chapter 22.86 MMC, Land Clearing and Forest Practices.
5. Final short subdivisions shall meet the requirements set out in MMC 22.68.040(D), Final Subdivision Process for Preliminary Subdivision and Short Subdivision.
6. Site plan reviews shall meet the requirements set out in Chapter 22.58 MMC, Site Plan Review.
7. Final subdivisions shall meet the requirements set out in MMC 22.68.040(D), Final Subdivision Process for Preliminary Subdivision and Short Subdivision.
8. Temporary use permits shall meet the requirements set out in Chapter 22.60 MMC, Temporary Uses.
B. Type II Permits. Type II permits set forth in Table 22.84.060(B)(1): Project Permit Types are major administrative actions subject to public notice. A public hearing is not required. Decisions on Type II actions are made by the zoning administrator. Type II permits include the following actions:
1. Accessory dwelling units shall meet the requirements set out in MMC 22.16.050, Accessory dwelling units.
2. Final binding site plans shall meet the requirements set out in MMC 22.68.070, Binding site plans.
3. Preliminary binding site plans for less than ten lots shall meet the requirements set out in MMC 22.68.070, Binding site plans.
4. Boundary line revisions that are not exempt from review under SEPA shall meet the requirements set out in MMC 22.68.060, Boundary line revisions.
5. Development permits that are not exempt from review under SEPA.
6. Land clearing/forest practices permits that are not exempt from review under SEPA shall meet the requirements set out in Chapter 22.86 MMC, Land Clearing and Forest Practices.
7. SEPA threshold determinations shall meet the requirements set out in MMC 22.78.080, Threshold determinations.
8. Shoreline substantial development permits shall meet the requirements set out in MMC 22.82.110, Review process and criteria for substantial development permits.
9. Preliminary short subdivisions shall meet the requirements set out in MMC 22.68.040(A), Preliminary Subdivisions and Short Subdivisions.
10. Single-family dwelling exception to development moratoria shall meet the requirements set out in Chapter 22.86 MMC, Land Clearing and Forest Practices.
C. Type III Permits. Type III permits set forth in Table 22.84.060(B)(1): Project Permit Types are quasi-judicial actions subject to public notice and a public hearing. Decisions on Type III actions are made by the hearing examiner after consideration of a recommendation from the zoning administrator, unless otherwise specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities. Type III permits include the following actions:
1. Administrative approval when a conflict of interest exists.
2. Preliminary binding site plans for ten or more lots shall meet the requirements set out in MMC 22.68.070, Binding site plans.
3. Conditional use permits shall meet the requirements set out in Chapter 22.64 MMC, Conditional Use Permits.
4. Reasonable use exceptions shall meet the requirements set out in MMC 22.80.050(C)(2), Reasonable Use Exception.
5. Removals of a six-year development moratorium shall meet the requirements set out in Chapter 22.86 MMC, Land Clearing and Forest Practices.
6. Shoreline conditional use permits shall meet the requirements set out in MMC 22.82.120(A), Shoreline Conditional Use Permits.
7. Shoreline variances shall meet the requirements set out in MMC 22.82.120(B), Shoreline Variances.
8. Preliminary subdivisions shall meet the requirements set out in MMC 22.68.040(A), Preliminary Subdivisions and Short Subdivisions.
9. Variances shall meet the requirements set out in Chapter 22.66 MMC, Variances.
10. Variances from flood hazard regulations shall meet the requirements set out in MMC 14.01.160, Variances.
D. Type IV Permits. All Type IV actions set forth in Table 22.84.060(B)(1): Project Permit Types are legislative actions and are not subject to the procedures in this chapter unless otherwise specified. Type IV permit applications are subject to the following procedural requirements:
1. The planning commission shall hold a minimum of one public hearing on the application, unless otherwise specified in this chapter.
2. The planning commission shall make a written recommendation to the city council regarding Type IV actions at the close of their final public hearing or at their next scheduled meeting. The written recommendation to the city council shall be one of the following:
a. Recommendation for additional time and/or resources on the application;
b. Recommendation of approval of the legislative action;
c. Recommendation of approval of the legislative action with modifications;
d. Recommendation of denial of the legislative action.
3. Type IV applications require a minimum of one public hearing before the city council, held in accordance with established rules. The city council shall consider the recommendation of the planning commission and the public testimony in making its legislative decision.
4. The legislative action shall meet the process and criteria for the specific decision as set out in this title.
5. Type IV permits include the following actions:
a. Comprehensive plan amendments shall meet the requirements set out in Chapter 22.74 MMC, Comprehensive Plan Amendments.
b. Unified development regulation amendments and rezones shall meet the requirements set out in Chapter 22.72 MMC, Amendments to Unified Development Regulations.
c. Annexations shall meet the requirements set out in Chapter 22.76 MMC, Annexations.
d. Preannexation zoning shall meet the requirements set out in Chapter 35A.14 RCW. (Ord. 005/2019 § 10 (Exh. B))