Chapter 16.03
Administration

Sections:

16.03.010 Definitions

16.03.020 Roles and Responsibilities

16.03.030 Director of Planning and Community Development

16.03.040 City Council

16.03.050 City Manager or Designee

16.03.060 Public Works Director

16.03.070 Planning Commission

16.03.080 Building Code Board of Appeals

16.03.090 Hearing Examiner

16.03.010 Definitions

A.  “Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

B.  “Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record predecision hearing”. An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.

C.  “Project permit” or “project permit application” means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

D.  “Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government’s project permit application file. (Ord. 96-1008 § 1)

16.03.020 Roles and Responsibilities

A.  The regulation of land development is a cooperative activity including the City Council, Hearing Examiner, Planning Commission, and City staff. The specific responsibilities of these bodies are set forth below.

B.  A developer is expected to read and understand the City Development Code and be prepared to fulfill the obligations placed on the developer by SMC Titles 13 through 16. (Ord. 96-1008 § 1)

16.03.030 Director of Planning and Community Development

The Director shall review and act on the following:

A.  Authority. The Director of Community Development is responsible for the administration of SMC Titles 13, 14, 15, and 16.

B.  Administrative Interpretation. Upon request or as determined necessary, the Director after review with the City Manager shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within thirty (30) days. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation.

C.  Administrative Approvals. Administrative approvals set forth in SMC 16.09.010 and 16.09.020. (Ord. 96-1008 § 1)

16.03.040 City Council

In addition to its legislative responsibility, the City Council shall review and act on the following subjects:

A.  Individual or Citywide rezones initiated by the City.

B.  Final subdivisions.

C.  Final PUDs. (Ord. 01-1022 § 4; Ord. 99-1045 § 4; Ord. 98-1025 § 6; Ord. 96-1019 § 2; Ord. 96-1008 § 1)

16.03.050 City Manager or Designee

The City Manager or designee shall review and act on the following:

A.  Variances to the provisions of SMC Titles 14 and 15 where the change does not exceed ten percent (10%) of the distance, area, or other measure of the requirement of City Code; provided:

1.  The requested requirement change does not reasonably involve a life/safety issue nor does it reasonably involve damage to or loss of property of any person or entity.

2.  The person or entity requesting the requirements change shall agree to waive his/her/its right to pursue a variance or other process to seek an alternative to the requirements of the City Code; provided, that if no change in the requirements of the City Code is granted to such person or entity, the person or entity would be entitled to pursue a variance or other available procedure in the normal course.

B.  Minor conditional use permits (CUP) which conform to the following criteria:

1.  A “minor CUP” shall only be allowed upon request to:

a.  Expand an existing, legal conditional use which has previously been permitted within the zone classification; or

b.  Locate a WTF on a utility pole or an existing support structure, subject to the requirements set forth in Chapter 15.31 SMC;

c.  Site a new support structure for all WTFs within the high intensity zones.

2.  The requested expansion of the existing conditional use is either:

a.  No greater than twenty percent (20%) of the gross floor area or gross area of the existing conditional use; or

b.  The addition of one WTF to an existing WTF established as a conditional use; provided, that the requested addition meets all other requirements of Chapter 15.31 SMC.

3.  The requested “minor CUP” is exempt from environmental review under the State Environmental Policy Act (SEPA), unless it is a WTF that meets all requirements for minor CUP permitting as set forth in Chapter 15.31 SMC.

4.  The minor conditional use must conform to the criteria as set forth under SMC 15.22.030.

5.  The minor conditional use must conform to all other requirements of this code.

C.  The City Manager or designee is vested with and authorized to exercise the discretion to decide all such requests for changes in the requirements of the City Code pursuant to this section. The review of applications for variances and minor conditional use permits shall be pursuant to the criteria listed in SMC 15.22.020 and 15.22.030. (Ord. 00-1028 § 3; Ord. 98-1036 § 5; Ord. 97-1013 § 27; Ord. 97-1011 § 13; Ord. 96-1008 § 1)

16.03.060 Public Works Director

The Public Works Director shall review and act on the following:

A.  Appeals to administrative determination of grading permits exempt from environmental review. (Ord. 96-1008 § 1)

16.03.070 Planning Commission

The Planning Commission shall review and make recommendations on the following applications and subjects:

A.  Amendments to the Comprehensive Plan;

B.  Amendments to Chapter 13.30 SMC, Environmental Rules/Procedures;

C.  Amendments to SMC Title 14, Subdivisions;

D.  Amendments to SMC Title 15, Zoning Code, or the Official Map;

E.  Individual or Citywide rezones initiated by the City;

F.  Amendments to SMC Title 16, Development Code Administration;

G.  Other actions requested or remanded by the City Council. (Ord. 02-1008 § 3; Ord. 96-1008 § 1)

16.03.080 Building Code Board of Appeals

The Board of Appeals shall review and act on the following subjects:

A.  Appeals of decisions of the Building Official of the interpretation or application of the building or fire code.

B.  Disapproval of a permit for failure to meet the Uniform Building or Fire Code. (Ord. 96-1008 § 1)

16.03.090 Hearing Examiner

The Hearing Examiner shall review and act on the following subjects. In all cases, the Hearing Examiner’s decision shall be final unless appealed to the City Council or Superior Court pursuant to SMC 1.20.090 and 1.20.110:

A.  Major conditional use permits;

B.  Variance requests;

C.  Preliminary subdivisions;

D.  Preliminary planned unit developments;

E.  Individual requests for rezones of properties, not including the rezone of properties initiated by the City;

F.  Applications for shoreline permits when a public hearing is required;

G.  Appeals from the decisions of the City staff on applications for short subdivisions;

H.  Appeals from the decisions of the City staff on applications for lot line adjustments (LLA);

I.  Appeals from threshold determinations concerning applications not subject to Hearing Examiner action;

J.  Appeals from administrative decisions or determinations by City officials where the governing ordinance provides for an appeal to the Examiner;

K.  Appeals from notices and orders issued as code enforcement actions;

L.  Appeals from decisions regarding the abatement of nonconforming uses;

M.  Other applications or appeals which the Council may prescribe by ordinance;

N.  Appeals from administrative decisions regarding minor conditional use permits. (Ord. 97-1011 § 14; Ord. 96-1019 § 3; Ord. 96-1008 § 1)