18.5.1.010 Purpose and Applicability
A. Purpose. This chapter establishes procedures to initiate and make final decisions on planning actions under the Land Use Ordinance (“this ordinance”), pursuant to City policy and state law.
B. Applicability of Review Procedures. All planning actions shall be subject to processing by one of the following procedures summarized in subsections 1 - 4, below, and as designated in Table 18.5.1.010. Building permits and other approvals, including approvals from other agencies such as the state department of transportation or a natural resource regulatory agency, may be required. Failure to receive notice of any such requirement does not waive that requirement or invalidate any planning action under this ordinance.
1. Ministerial Action (Staff Advisor Decision). The Staff Advisor makes ministerial decisions by applying City standards and criteria that do not require the use of substantial discretion (e.g., fence, sign and home occupation permits). A public notice and public hearing are not required for Ministerial decisions. Procedures for Ministerial actions are contained in section 18.5.1.040.
2. Type I Procedure (Administrative Decision With Notice). Type I decisions are made by the Staff Advisor with public notice and an opportunity for appeal to the Planning Commission. Alternatively the Staff Advisor may refer a Type I application to the Commission for its review and decision in a public meeting. Procedures for Type I actions are contained in section 18.5.1.050.
3. Type II Procedure (Quasi-Judicial Review/Public Hearing Review). Type II decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. Applications involving zoning map amendments consistent with the Comprehensive Plan map and minor map amendments or corrections are subject to quasi-judicial review under the Type II procedure. Quasi-judicial decisions involve discretion but implement policy. Procedures for Type II actions are contained in section 18.5.1.060.
4. Type III Procedure (Legislative Decision). The Type III procedure applies to the creation, revision, or large-scale implementation of public policy (e.g., adoption of regulations, zone changes, comprehensive plan amendments, annexations). Type III reviews are considered by the Planning Commission, who makes a recommendation to City Council. The Council makes the final decision on a legislative proposal through the enactment of an ordinance.
|
Planning Actions |
Review Procedures |
Applicable Regulations |
|---|---|---|
|
Access to a Street/Driveway Approach |
Ministerial |
Chapter 18.4.3 |
|
Annexation |
Type III |
|
|
Aircraft Hangar with no associated commercial use |
Ministerial |
Chapter 18.3.7.030 |
|
Aircraft Hangar in conjunction with another use |
Type I or II |
Chapter 18.5.2 |
|
Ordinance Interpretation |
Type I or II |
Chapter 18.1.5 |
|
Ordinance Text Amendment |
Type III |
Chapter 18.5.9 |
|
Comprehensive Plan Amendment |
Type III |
Chapter 18.5.9 |
|
Conditional Use Permit |
Type I or II |
Chapter 18.5.4 |
|
Conversion of Multifamily Dwelling Units into For-Purchase Housing |
Ministerial |
Section 18.2.3.200 |
|
Exception to Fire Prevention and Control Plan and General Fuel Modification Area Standards |
Type I |
Subsection 18.3.10.100.E |
|
Exception to Site Development and Design Standards |
Type I |
Subsection 18.5.2.050.E |
|
Exception to Street Standards |
Type I |
Subsection 18.4.6.020.B.1 |
|
Extension of Time Limit for Approved Planning Action |
Ministerial |
Section 18.1.6.040 |
|
Fence |
Ministerial |
Section 18.4.4.060 |
|
Hillside Standards Exception |
Type I |
Subsection 18.3.10.090.H |
|
Home Occupation Permit |
Ministerial |
Section 18.2.3.150 |
|
Land Use Control Maps Change |
Type II or III |
Chapter 18.5.9 |
|
Legal Lot Determination |
Ministerial |
Chapter 18.1.3 |
|
Modification to Approval |
||
|
Minor Modification |
Ministerial |
Chapter 18.5.6 |
|
Major Modification |
Per original review |
Chapter 18.5.6 |
|
Nonconforming Use or Structure, Expansion of |
Ministerial or Type I |
Chapter 18.1.4 |
|
Partition or Re-plat of 2-3 lots |
||
|
Preliminary Plat |
Type I |
Chapter 18.5.3 |
|
Final Plat |
Ministerial |
Chapter 18.5.3 |
|
Minor Amendment |
Ministerial |
Subsection 18.5.3.020.F |
|
Performance Standards Option |
||
|
Outline Plan |
Type II |
Chapter 18.3.9 |
|
Final Plan |
Type I |
Chapter 18.3.9 |
|
Minor Amendment |
Ministerial |
Subsection 18.5.3.020.F |
|
Physical and Environmental Constraints Permit |
Type I |
Chapter 18.3.10 |
|
Property Line Adjustments, including Lot Consolidations |
Ministerial |
Chapter 18.5.3 |
|
Sign Permit |
Ministerial |
Chapter 18.4.7 |
|
Site Design Review |
Type I or II |
Chapter 18.5.2 |
|
Solar Setback Exception |
Type I |
Chapter 18.4.8 |
|
Subdivision or Replat of >3 lots |
||
|
Preliminary Plat |
Type II |
Chapter 18.5.3 |
|
Final Plat |
Ministerial |
Chapter 18.5.3 |
|
Minor Amendment |
Ministerial |
Subsection 18.5.3.020.F |
|
Tree Removal Permit |
Type I |
Chapter 18.5.7 |
|
Variance |
Type I or II |
Chapter 18.5.5 |
|
Water Resources Protection Zone – Limited Activities and Uses |
Type I |
Section 18.3.11.060 |
|
Water Resources Protection Zone Reduction |
Type I or II |
Section 18.3.11.070 |
|
Water Resources Protection Zone – Hardship Exception |
Type II |
Section 18.3.11.080 |
|
Zoning District Map Change |
Type II or III |
Chapter 18.5.9 |
(Ord. 3158 § 8, amended, 09/18/2018)