Bellingham Municipal Code, City of Bellingham, WA

21.10.050 - Concurrent Review Of Multiple Land Use Permits »»

City of Bellingham Municipal Code

Title 21 ADMINISTRATION OF DEVELOPMENT REGULATIONS
Chapter 10 PROCEDURES AND ADMINISTRATION

21.10.040 - TYPES OF LAND USE DECISIONS

A. Land use decisions are classified into seven review process types based on who makes the decision, the amount of discretion exercised by the decision maker and the amount and type of public input sought.

B. Type I. A Type I review process is an administrative review and decision by the Director. It is exempt from notice requirements. If a Type I decision is not categorically exempt from SEPA and the SEPA review has not been completed with a prior permit, the Type II process shall be used. Appeals of Type I decisions are decided by the Hearing Examiner unless the rules for a specific permit or decision specify that no administrative appeal is available. The following are a Type I decision when the application does not require a SEPA threshold decision:

7. Land use approval for building permits, occupancy approvals, demolition permits and sign permits;

8. Interpretation of development regulations;

9. Lot line adjustment;

10. Nonconforming use status determination;

11. Over-height fence;

12. Parking waiver or joint parking;

13. Shoreline statement of exemption;

14. Preliminary Short plat of 1-4 lots; EXCEPT “cluster” subdivisions and applications that include a request to round up the next higher number of lots when dividing the combined area of two or more lots of record by the allowed density results in a fractional lot between .5 and .75;

15. Site area exception (BMC 20.30.040 (B)(1)(d));

16. Specific binding site plan;

17. Temporary use;

18. Use approvals for permitted uses;

19. Vision clearance waiver;

20. Critical Area permits and approvals without a variance that are not a Type II process;

21. Wireless communication facility that does not require either a planned development approval or conditional use permit; and

22.

BMC 17.90.060.C.2.a

23. All other decisions that specify use of the Type I process.

C. Type II. A Type II review process is an administrative review and decision by the Director. Public notice is required. Appeals of Type II decisions are decided by the Hearing Examiner. The following are Type II decisions:

1. Accessory dwelling unit;

2. Design review for projects that:

a. Require a SEPA threshold decision; or

b. Include construction of a new building; or

c. Include an exterior non-residential addition to an existing building; or

d. Include an exterior addition of one or more residential units.

3. General binding site plan;

4. Grading permits requiring a SEPA threshold decision;

5. Home occupation permit;

6. Institutional site plan;

7. Land use approval for building, demolition and sign permits for projects requiring a SEPA threshold decision if the SEPA review was not previously completed;

8. Land use approval for public facility construction permits for streets, storm water facilities sewer and/or water facilities requiring a SEPA threshold decision if the SEPA review was not previously completed;

9. Planned development;

10. Shoreline substantial development permit or variance;

11. Preliminary Short plats consisting of 5-9 Lots that are not using cluster subdivision provisions; and cluster short plats of 1-4 lots without a density bonus (unless the Director requires Process III-A) but EXCLUDING any short plats rounding up the number of lots from a fraction of less than .75 when dividing the combined area of two or more lots of record by the required minimum lot size;

12. Critical Area permit requiring a SEPA threshold decision; and

13. Infill housing projects under BMC Chapter 20.28; and

14. Type I decisions that require a SEPA threshold decision and all other decisions specifying a Type II process.

D. Type IIIA. A Type IIIA review process is a quasi-judicial review and decision made by the Hearing Examiner that has no administrative appeal, with the exception that a Shoreline conditional use decision may be appealed to the State Shoreline Hearings Board. The following are Type IIIA decisions:

1. Co-housing;

2. Conditional use;

3. Nonconforming building reconstruction when over 50% destroyed;

4. Nonconforming use expansion, reconstruction when over 50% destroyed or change in use;

5. Shoreline conditional use;

6. Preliminary Short plat that is not a Type IIIB decision and is rounding up the number of lots from .5 but less than .75 when dividing the combined area of two or more lots of record by the allowed density;

7. Variance as provided in BMC Section 18.48.010 for a short plat, lot line adjustment, binding site plan or preliminary plat that is not being reviewed under Process Type IIIB;

8. Variance from Land Use Development Code and/or Lake Whatcom Reservoir Regulatory Chapter 16.80;

9. Critical Area variance;

10. Cluster short plats of 1-4 lots without a density bonus if the Director requires Process III-A; and

11. All other decisions specifying a Type IIIA process.

E. Type IIIB. A Type IIIB review process is a quasi-judicial review and decision made by the Hearing Examiner that may be appealed to the City Council. The following are Type IIIB decisions:

1. Preliminary plats, plat alterations and plat vacations, including any variances;

2. Short plats consisting of 1-4 cluster lots with a density bonus or 5-9 cluster lots, including any variances; and

3. All other decisions specifying a Type IIIB process.

F. Type IV. A Type IV review process is a City Council quasi-judicial decision on a final plat, a final amended plat or final vacated plat. There is no opportunity for administrative appeal.

G. Type V-A. A Type V-A review process is a quasi-judicial decision made by the City Council after recommendation by the Planning Commission. The following are Type V-A decisions:

1. Quasi-judicial rezones as described in BMC 20.19.020.A.2; and

2. Institutional master plans and amendments that are consistent with the comprehensive plan.

H. Type V-B. A Type V-B review process is a quali-judicial decision made by the Historic Preservation Commission regarding a designation of a property on the City of Bellingham's Register of Historic Places under BMC 17.90.

I. Type VI. A Type VI review process is a legislative decision made by the City Council after review and recommendation by the Planning Commission. The following are Type VI decisions:

BMC 20.19.020.A.1

BMC 17.90.050

J. Type VII. A Type VII review process is a quasi-judicial decision by the Historic Preservation Commission on a Certificate of Alteration for a property listed on the City of Bellingham's Register of Historic Places. An appeal of a Type VII decision is decided by the Hearing Examiner.

[Ord. 2009-08-047; Ord. 2009-08-051; Ord. 2006-06-060; Ord. 2005-12-094; Ord. 2005-11-092; Ord. 2005-08-066; Ord. 2004-12-088; Ord. 2004-12-088; Ord. 2004-09-065]