Chapter 16.07
Public Notice Requirements

Sections:

16.07.010 Notice of Development Actions

16.07.020 Notice of Administrative Approvals

16.07.030 Notice of Public Hearings

16.07.040 Notice of Appeal Hearings

16.07.050 Notice of Decision

16.07.010 Notice of Development Actions

A.  Within fourteen (14) days of issuing a letter of completeness under Chapter 16.05 SMC, the City shall issue a notice of development application (NOA). The notice shall include, but not be limited to, the following:

1.  The name of the applicant or designated contact person;

2.  Date of complete application;

3.  The date of the letter of completeness (LOC);

4.  The location of the project;

5.  A project description;

6.  The requested approvals, actions, and/or required studies;

7.  A public comment period not less than fourteen (14) nor more than thirty (30) days;

8.  Identification of existing environmental documents;

9.  A City staff contact and phone number;

10. The date, time, and place of a public hearing if one has been scheduled;

11. A statement that the decision on the application will be made within one hundred twenty (120) days of the date of the letter of completeness.

B.  The notice of development application shall be at a minimum:

1.  Posted on the subject property. Posting in three (3) public places where ordinances are posted and at least two (2) notices on the subject property. One (1) of the notices on the property shall be posted on a “notice board” at a conspicuous place where it can be viewed from the public right-of-way and by persons passing by the property. Such “notice board” may be located adjacent to the property upon approval of the City Manager or his designee. The City Manager or his designee may require additional notice boards when a site does not abut a public right-of-way or as determined to be necessary. The posting shall be on-site for at least thirty (30) days. The “notice board” shall have the minimum following dimensions: The notice board shall be four (4) feet by five (5) feet and shall have a sky blue background with white lettering. Lettering size shall be the following:

a.  Helvetica or similar standard type face;

b.  Three (3) inch capital letters for the following title:

NOTICE OF PROPOSED LAND USE ACTION

c.  Two (2) inch capital letters for all other letters except for the eight and one-half (8.5) by eleven (11) inch laminated City notice sheet provided by the City.

      The property owner or his/her representative shall be responsible for the installation of the “notice board”. An affidavit shall be submitted to the City by the property owner or his/her representative stating when the “notice board” has been installed and the location of the “notice board”.

2.  Published once in a newspaper of general circulation.

3.  Adjacent property owners within five hundred (500) or one thousand (1,000) feet of the exterior property line shall be notified by first class mail, at a minimum, based on the following criteria:

a.  For the following actions, adjacent property owners within five hundred (500) feet shall be notified:

i.  All actions normally exempt from SEPA review, but which require SEPA review due to “sensitive areas” on-site (i.e., construction of a single-family house);

ii. All actions within “shoreline” jurisdiction that normally are exempt from SEPA review, but require SEPA review due to being subject to shoreline regulations (i.e., construction of a single-family house);

iii. Minor conditional use permits.

b.  For the following actions, adjacent property owners within one thousand (1,000) feet shall be notified:

i.  All other actions requiring an NOA that do not meet the criteria listed above;

ii. Short plats.

      The property owner or his/her representatives shall be responsible for providing the envelopes as required by the minimum applications requirements as outlined in SMC 16.05.040.

C.  The notice of development application shall be issued prior to and is not a substitute for the required notice of a public hearing.

D.  A notice of application shall be required for the following permits or actions:

1.  Conditional use permits;

2.  Preliminary short plats;

3.  Preliminary subdivisions;

4.  Rezones initiated by property owner/s;

5.  Preliminary planned unit developments;

6.  Shoreline substantial development permit;

7.  Shoreline substantial development permit – Variance;

8.  Shoreline substantial development permit – Conditional use;

9.  Building permit actions not exempt from SEPA review;

10. Storage tank permit actions not exempt from SEPA review;

11. Grading permit not exempt from SEPA review.

E.  A notice of application is not required for the following actions when they are categorically exempt from SEPA review:

1.  Application for building permits;

2.  Application for lot line adjustments;

3.  Variance;

4.  Temporary use permits;

5.  Storage tank permit;

6.  Grading permit;

7.  Aircraft repair hanger permit;

8.  Commercial rubbish-handling operation permit;

9.  Dry cleaning plant permit;

10. Lumber yard permit;

11. Motor vehicle fuel dispensing stations permit;

12. Repair garages permit;

13. Application for administrative approvals;

14. Special projects initiated by the City;

15. Home occupation permit;

16. Special home occupation permit;

17. Separate lot determinations;

18. Development agreements pursuant to SMC 15.22.055;

19. Applications for conditional use permits – essential public facilities (EPF). (Ord. 99-1045 § 5; Ord. 98-1037 § 4; Ord. 97-1011 § 15; Ord. 96-1019 §§ 5, 6; Ord. 96-1008 § 1)

16.07.020 Notice of Administrative Approvals

Notice of administrative approvals subject to notice pursuant to SMC 16.09.020 shall be made as follows:

A.  Notification of Preliminary Approval. The City Manager or designee shall notify the adjacent property owners within the minimums set forth at SMC 16.07.010 of his intent to grant approval. Notification shall be made by first class mail only. The notice shall include:

1.  A description of the preliminary approval granted, including any conditions of approval;

2.  A place where further information may be obtained;

3.  A statement that final approval will be granted unless an appeal requesting a public hearing is filed with the City Clerk within ten (10) days of the date of the notice. (Ord. 97-1011 § 16; Ord. 96-1008 § 1)

16.07.030 Notice of Public Hearings

Notice of a public hearing for all development applications, development agreements pursuant to SMC 15.22.055, and all open record appeals shall be given as follows:

A.  Time of Notices. Except as otherwise required, public notification of meetings and hearings pursuant to SMC Titles 13 through 16 shall be made by:

1.  Publication at least fourteen (14) days before the date of a public meeting, hearing, or pending action in the official newspaper; and

2.  Mailing at least fourteen (14) days before the date of a public meeting, hearing, or pending action to all property owners as shown on the records of the County Assessor and to all street addresses of properties within a minimum of five hundred (500) or one thousand (1,000) feet of the exterior boundaries of the property which is the subject of the meeting or pending action. Addressed, pre-stamped envelopes shall be provided by the applicant as required by SMC 16.05.040. Additional notification to property owners beyond five hundred (500) or one thousand (1,000) feet may be required at the discretion of the City Manager or designee. The criteria for determining the area of notification is listed below.

      Adjacent property owners within five hundred (500) or one thousand (1,000) feet of the exterior property line shall be notified by first class mail, at a minimum, based on the following criteria:

a.  For the following actions, adjacent property owners within five hundred (500) feet shall be notified:

i.  All actions normally exempt from SEPA review, but which require SEPA review due to “sensitive areas” on-site (i.e., construction of a single-family house);

ii. All actions within “shoreline” jurisdiction that normally are exempt from SEPA review, but require SEPA review due to being subject to shoreline regulations (i.e., construction of a single-family house);

iii. Variances;

iv. Home occupation permits;

v.  Special home occupation permits;

vi. Temporary use permits;

vii. Lot line adjustments;

viii. Appeals from administrative decisions regarding minor conditional use permits;

ix. Development agreements pursuant to SMC 15.22.055.

b.  For the following actions, adjacent property owners within one thousand (1,000) feet shall be notified:

i.  All other actions requiring an NOA that do not meet the criteria listed above;

ii. Short plats; and

3.  Posting at least fourteen (14) days before the meeting, hearing, or pending action in three (3) public places where ordinances are posted and at least two (2) notices on the subject property. One (1) of the notices on the property shall be posted on a “notice board” at a conspicuous place where it can be viewed from the public right-of-way and by persons passing by the property. Such “notice board” may be located adjacent to the property upon approval of the City Manager or his designee. The City Manager or designee may require additional notice boards when a site does not abut a public right-of-way or as determined to be necessary. The posting shall be on-site for at least thirty (30) days; and

4.  The “notice board” shall have the minimum following dimensions: The notice board shall be four (4) feet by five (5) feet and shall have a sky blue background with white lettering. Lettering size shall be the following:

a.  Helvetica or similar standard type face;

b. Three (3) inch capital letters for the following title: “NOTICE OF PROPOSED LAND USE ACTION”;

c.  Two (2) inch capital letters for all other letters except of the eight and one-half (8.5) by eleven (11) inch laminated city notice sheet.

      The property owner or his/her representative shall be responsible for the installation of the “notice board”. An affidavit shall be submitted to the City by the property owner or his/her representative stating when the “notice board” has been installed and the location of the “notice board”. The “notice board” shall be the same as illustrated in SMC 16.07.010(B).

B.  Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing (when applicable) and the place where further information may be obtained.

C.  Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required. (Ord. 99-1045 § 6; Ord. 97-1011 § 17; Ord. 96-1019 §§ 7, 8; Ord. 96-1008 § 1)

16.07.040 Notice of Appeal Hearings

In addition to the posting and publication requirements of SMC 16.07.030, notice of appeal hearings shall be as follows:

A.  For administrative approvals, notice shall be made to adjacent property owners within a minimum of five hundred (500) or one thousand (1,000) feet of the exterior boundary lines of the subject property as outlined in the criteria listed under SMC 16.07.030(A)(2)(a) and (b).

B.  For Hearing Examiner decisions appealable to the City Council, mailing to parties of record from the Hearing Examiner public hearing. (Ord. 96-1019 § 9; Ord. 96-1008 § 1)

16.07.050 Notice of Decision

A.  A written notice for all final decisions shall be sent to the applicant and all parties of record. For development applications requiring Hearing Examiner or City Council approval, the notice shall be the decision of the Hearing Examiner or the signed ordinance or resolution of the City Council. The notice of decision shall also be posted on the subject property.

B.  The notice of decision shall also state that “affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.”

C.  The notice of decision shall also be sent to the County Assessor’s Office. (Ord. 96-1019 § 10; Ord. 96-1008 § 1)