(1) When a zone change, conditional use permit, or variance will be required before construction of a particular project can commence, such approval shall be obtained prior to review of the site plan application.

(2) Review by Site Plan Review Committee. Except in cases where the applicant agrees to an extension of time, the SPRC shall within ten (10) working days after the filing of an application which is accepted by the city planner as complete, review the proposed development and make a recommendation to the director to approve, conditionally approve, or deny the application.

(3) Approval of the Director.

(4) Failure to Act. Failure of the city to act within the specified time period shall constitute approval of the site plan application as accepted by the city planner and the applicant may apply for a building permit. Time required to review an environmental checklist and make a threshold determination and, if appropriate, to develop and review an Environmental Impact Statement under the provisions of State Environmental Policy Act (SEPA) shall not be included in the time limitations of this subsection.

(5) Referral to the Hearing Examiner. The director shall have the prerogative of refusing to rule on a site plan review application and referring the application to the hearing examiner for approval if in the opinion of the director review of the application for the site plan would be benefitted by public input. All decisions to refuse ruling and refer to the hearing examiner shall be made by the director within ten (10) working days after the application in complete form is accepted.

(6) Review by the Hearing Examiner. Notice of review of a site plan application by the hearing examiner shall be given as set forth in 17.170.020. The hearing examiner shall initiate a public hearing on the application within ninety (90) days from the date of referral from the director and in accordance with the review criteria set forth in 17.135.070. The decision of the hearing examiner shall be final and conclusive, unless within twenty-one (21) days from the date of the decision any aggrieved person or entity files a land use petition with the Superior Court for Whitman County in accordance with RCW 36.70C, as it now exists or may hereafter be amended.

(7) Site Plan Review Log—Summary of Action. Not later than the first working day following the action of the director or the hearing examiner on an application for a site plan approval, a brief summary of the action and the date of the expiration of the appeal period shall be entered in the Site Plan Review Log maintained in the public works department.

(8) Decision to be Mailed. The decision of the director or the hearing examiner shall be in writing and mailed to the applicant within five (5) working days following the action.

(9) Final Approval—Expiration. Construction in accordance with an approved site plan must be commenced within two (2) years of the date of approval of the application by the director or the hearing examiner. Otherwise the approval shall expire and be null and void, unless the applicant files an application for an extension of time thirty (30) days before the expiration of the two (2) year period and the city planner approves the application.

(10) Conformance with Approved Site Plan. Conformance with the conditions of any approved site plan shall be determined at the time of final inspection of the last structure to be inspected, and prior to issuance of a final certificate of occupancy. A final certificate of occupancy shall be issued only when all conditions of the approved site plan have been satisfied.

(11) Amendment of Site Plan. A site plan application approved by the director or by the hearing examiner may be amended following the same procedures set forth in this Chapter for obtaining original site plan approval, provided, however, that if final approval of an original site plan was given by the hearing examiner then final action on the amendment shall be made by the hearing examiner.

(12) Minor Changes in Plans. Minor changes in plans or specifications may be authorized by the city planner under the procedure set forth in 17.175.050 when a building permit is issued. Minor changes are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings in the approved plan, nor the density of the development nor the open space requirements. Dimensional adjustments shall not vary more than ten (10) percent from the dimensions on the approved plan. (Ord. 22-2 §8, 2022; Ord. 03-33 §55, 2003; Ord. 87-9 §1, 1987).