23.76.040

Applications and requests for Council land use decisions

Seattle Municipal Code · Seattle Mun. Code § 23.76.040

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A. Applications for Type IV Council land use decisions. 1. Applications for all Type IV Council land use decisions except rezones shall be made by the holder of record of fee title, a City agency, or an authorized agent thereof. 2. Applications for rezones shall be made by the holder(s) of record of fee title for all of the property or properties in the area proposed to be rezoned, or the authorized agent for such holder(s) of record of fee title. B. Applications for other quasi-judicial Council land use decisions. Applications for quasi-judicial Council land use decisions that are not Type IV decisions shall be made by all holder(s) of record of fee title of the affected property or properties, or the authorized agent for such holder(s) of record of fee title. C. Applications for Type V Council land use decisions. 1. Applications for concept approval for the location or expansion of City facilities requiring Council approval and for waiver or modification of development standards for City facilities shall be made by a City agency or authorized agent thereof. 2. Applications for Major Institution designations and revocations of Major Institution designations shall be made by a City agency, the holder of record of fee title of the affected major institution, or authorized agent thereof. D. Requests for Type V Council land use decisions. 1. Requests for planned action ordinances shall be made by a City agency or the holder(s) of record of fee title for the property(ies) proposed to be addressed by the planned action ordinance, or authorized agent thereof. 2. Requests for an area-wide amendment to the Official Land Use Map, correction of errors in the Official Land Use Map due to cartographic or clerical mistakes, or an amendment to the text of this Title 23 may be made by any City department or interested person. E. A claim made by a person that they possess title to any portion of the property for which an application for a Council land use decision has been submitted, whether the claim is made by a judicially-filed pleading or not, is not grounds to suspend processing the application unless a court injunction has been issued and is delivered to the Department. F. All applications and requests for Council land use decisions shall be made to the Director on a form provided by the Department. G. Notice to the City Clerk 1. For Type IV Council land use decisions that do not include a design review component and are not notices of intent to prepare Major Institution master plans, and for applications for quasi-judicial Council land use decisions that are not Type IV decisions, the Director shall provide notice of the application to the City Clerk promptly after the application is submitted. 2. For Type IV Council land use decisions that include a design review component, the Director shall provide notice of the application to the City Clerk promptly after the applicant submits a complete application to begin the early design guidance process. 3. For notices of intent to prepare Major Institution master plans, the Director shall provide the notice of intent to prepare a master plan to the City Clerk promptly after the notice of intent is received. 4. For Type V Council land use decisions, the Director shall provide notice of the application or request to the City Clerk promptly after the application or request is submitted. H. Applications and requests for Council land use decisions shall be accompanied by payment of the applicable filing fees, if any, as established in Subtitle IX of Title 22 . I. Applications for Council land use decisions shall contain the submittal information required by the applicable sections of this Title 23 , Land Use Code; Title 15 , Street and Sidewalk Use; Chapter 25.05 , SEPA Policies and Procedures; Chapter 25.09 , Regulations for Environmentally Critical Areas; Chapter 25.12 , Landmark Preservation; Chapter 25.16 , Ballard Avenue Landmark District; Chapter 25.20 , Columbia City Landmark District; Chapter 25.22 , Harvard-Belmont Landmark District; Chapter 25.24 , Pike Place Market Historical District; and other codes as determined applicable by the Director. All shoreline substantial development, conditional use, or variance applications shall also include applicable submittal information as specified in WAC 173-27-180. The Director shall make available, in writing, a general list of submittal requirements for a complete application. In the case of unusual or unique applications the Director shall determine submittal requirements. J. Notice of Complete Application. 1. The Director shall determine whether an application for a Council land use decision is complete and shall notify the applicant in writing within 28 days of the date the application is filed whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete. Within 14 days of receiving the additional information, the Director shall notify the applicant in writing if the application is still incomplete and what additional information is necessary. An application shall be deemed to be complete if the Director does not notify the applicant in writing that the application is incomplete by the deadlines in this subsection 23.76.040.J. A determination that the application is complete is not a determination that the application is vested. 2. An application for a Council land use decision is complete for purposes of this Section 23.76.040 if it meets the submittal requirements established by the Director in subsection I of this Section 23.76.040 and is sufficient for continued processing even though additional information may be required or project modifications are undertaken subsequently. The determination of completeness shall not preclude the Director from requesting additional information or studies either at the time of the notice of completeness or subsequently, if additional information is required to complete review of the application or if substantial changes in the permit application are proposed. A determination under this Section 23.76.040 that an application is complete for purposes of continued processing is not a determination that the application is vested. K. Failure to supply all required information or data within 60 days of a written request may result in a notice of intent to cancel. The Director may cancel the application if the requested information is not provided within the time required by the notice of intent to cancel. (Ord. 125429 , § 29, 2017; Ord. 123913, § 24, 2012; Ord. 123495, § 80, 2011; Ord. 122497 , § 7, 2007; Ord. 122054, § 85, 2006; Ord. 121476, § 21, 2004; Ord. 118012, § 43, 1996; Ord. 117570, § 24, 1995; Ord. 117430 , § 82, 1994; Ord. 112522, § 2(part), 1985)

Seattle WA 23.76.040 | Municipal Law | Corpus