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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 Type I decisions when the application does not require a SEPA threshold decision:

1. Billboard relocation permit;

2. Clearing permit;

3. Design review for projects that are not required to use a Type II process;

4. Grading permit;

5. Exempt home occupation;

6. Final subdivision approval, including short plat, final plat, and general binding site plan;

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. Overheight fence;

12. Parking waiver or joint parking;

13. Shoreline statement of exemption;

14. Preliminary short plat of one to four 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 one-half and three-fourths;

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

16. Specific binding site plan;

17. Temporary use, except temporary shelters, per Chapter 20.15 BMC;

18. Use approvals for permitted uses;

19. Vision clearance waiver;

20. Critical area and minor critical area permits and other director decisions issued under Chapter 16.55 BMC that do not require a variance and are not a Type II process;

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

22. Certificates of alteration under BMC 17.90.060(C)(2)(a);

23. Short-term rentals, per BMC 20.10.037;

24. The extension of a temporary shelter permit, per Chapter 20.15 BMC;

25. Interim housing, per Chapter 20.15A BMC;

26. Extensions of a short plat, preliminary plat and binding site plans;

27. Modifications to an approved short subdivision, preliminary plat, and general binding site plan that do not require a Type II process;

28. Binding site plan that does not require a Type II process;

29. Administrative departure pursuant to BMC 23.48.030;

30. Exceptions to minimum density provisions pursuant to BMC 20.32.040(B)(3);

31. Accessory dwelling unit, when the land use application does not include a minor modification request pursuant to BMC 20.10.036(B)(3);

32. Legal lot determinations; and

33. 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, when the land use application includes a minor modification request pursuant to BMC 20.10.036(B)(3);

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 nonresidential addition to an existing building; or

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

e. Consist of more than four infill housing units pursuant to Chapter 20.28 BMC;

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, stormwater 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 five to nine lots that are not using cluster subdivision provisions; and cluster short plats of one to four 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 three-fourths 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;

13. Repealed;

14. Short-term rentals, per BMC 20.10.037;

15. Temporary shelters, per Chapter 20.15 BMC;

16. Interim housing, per Chapter 20.15A BMC;

17. Modifications to an approved preliminary plat pursuant to BMC 23.16.090(B); and

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

D. Type III-A. A Type III-A 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 III-A decisions:

1. Co-housing;

2. Conditional use;

3. Nonconforming building reconstruction when over 50 percent destroyed;

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

5. Shoreline conditional use;

6. Preliminary short plat that is not a Type III-B decision and is rounding up the number of lots from one-half but less than three-fourths when dividing the combined area of two or more lots of record by the allowed density;

7. Variance as provided in Chapter 23.48 BMC for a short plat, lot line adjustment, binding site plan or preliminary plat that is not being reviewed under Process Type III-B;

8. Variance from the land use development code and/or Chapter 16.80 BMC, Lake Whatcom Reservoir Regulatory Provisions;

9. Critical area variance;

10. Cluster short plats of one to four lots without a density bonus if the director requires Process III-A;

11. Interim housing, per Chapter 20.15A BMC;

12. Incentive program for innovative affordable homeownership projects pursuant to Chapter 20.29 BMC; and

13. All other decisions specifying a Type III-A process.

E. Type III-B. A Type III-B 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 III-B decisions:

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

2. Short plats consisting of one to four cluster lots with a density bonus or five to nine cluster lots, including any variances; and

3. All other decisions specifying a Type III-B process.

F. Repealed by Ord. 2018-12-036.

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(B); 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 quasi-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 Chapter 17.90 BMC.

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:

1. Comprehensive plan and neighborhood plan amendments;

2. Development regulation amendments;

3. Institutional master plans and amendments that require a concurrent amendment to the comprehensive plan;

4. Planned action adoption as authorized by Chapter 16.20 BMC;

5. Legislative rezones as described in BMC 20.19.020(A)(1); and

6. Historic district designations as described in 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. 2024-02-003 § 1; Ord. 2023-08-022 § 3; Ord. 2022-02-005 § 2; Ord. 2022-01-002 § 18; Ord. 2021-10-044 § 19; Ord. 2020-03-005 § 3; Ord. 2020-02-002 § 16; Ord. 2018-12-036 § 41; Ord. 2018-11-024 § 17; Ord. 2018-10-019 § 15; Ord. 2016-02-005 § 35; Ord. 2009-08-051; Ord. 2009-08-047; 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].