11.60.110 Decision procedures.
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A. Application Processing. Applications shall be processed according to the permit type and the following procedures:
B. Commencement of Review. The review of an application will not commence until the application is complete as required in VMC 11.60.080.
C. Approval Criteria. The applicant must demonstrate compliance with the approval criteria contained in VMC 11.60.120.
D. Final action on a completed application shall consist of one of the following:
1. Issuance of a right-of-way use permit in accordance with the terms of the application; or
2. Issuance of a right-of-way use permit in accordance with the terms of the application as modified by any condition of approval imposed to satisfy requirements of this chapter or other applicable requirement; or
3. Denial of the right-of-way use permit application by the responsible official pursuant to the criteria for approval listed in VMC 11.60.120.
E. Decision Procedure for Type A, B, C, and D Right-of-Way Use and Occupation Permits.
1. Type A, B, C, and D permit applications are decided by the director.
a. Review by the Director. The director shall approve, approve with conditions, or deny an application submitted under this subsection in no more than 28 calendar days after the date the application was submitted for Type A and Type B permit applications and not longer than 60 days for Type C and Type D permit applications. An applicant may agree in writing to extend the time in which the director shall issue a decision. The director’s review shall include all of the relevant approval criteria.
b. The director may grant a right-of-way use permit upon demonstration by the applicant of compliance with the approval criteria contained in VMC 11.60.120. The director may place conditions on the approval to require consistency with this chapter.
c. Final Decision. The final decision on a Type A, B, C, or D application shall be mailed to the applicant by regular United States Postal Service mail to the applicant unless the applicant requests in writing an alternate method of notification.
2. The final decision on a Type A, B, C, or D permit application shall contain the following information:
a. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;
b. A statement that the proposed use complies with the criteria contained in VMC 11.60.120 and any other applicable standards;
c. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed use and occupation will comply with applicable law;
d. The effective date and term of the permit; and
e. The date the final decision is signed and the date the appeal period expires.
3. Appeal of Final Decision. Decisions on Type A, B, C, and D permits may be appealed as provided in VMC 11.60.190.
F. Decision Procedure for Type E Right-of-Way Use and Occupation Permit.
1. Applications for Type E right-of-way use permits shall be decided by the director according to the procedures for Type II decisions under VMC 20.210.050. For the purpose of a Type E right-of-way use permit, the following modifications to VMC 20.210.050 shall apply:
a. Type II means a Type E right-of-way use permit;
b. “Planning official” means director;
c. A pre-application conference is not required;
d. Any notification requirement based on distance shall be 200 feet;
e. The director shall apply the decision criteria from this chapter; and
f. Standing to appeal any decision shall be pursuant to VMC 11.60.190(A)(1).
2. The director may grant a Type E right-of-way use permit upon demonstration by the applicant of compliance with the approval criteria contained in VMC 11.60.120. The director may place conditions on the approval to require consistency with this chapter.
3. Effective date. A Type E permit is effective when both of the following have occurred: the permit has been issued; and the city has received proof of recording of the permit against any parcel served by the permitted use and occupation.
4. Appeal of Final Decision. A Type E permit decision may be appealed as provided in VMC 11.60.190. (Ord. M-4016 §2, 2012; Ord. M-2876 §10, 1990)