A. The applicant shall submit an application and any required fees to the department.

1. The department shall review the application and determine if it is complete. The application shall not be deemed filed until the department determines the application is complete and all required fees are paid.

2. The department may establish deadlines for applications. Deadlines shall not be established more than thirty (30) days before board of adjustment meeting dates.

3. The board of adjustment may limit the number of applications to be considered at a meeting as part of the board's rules of procedure.

B. Within five working days of the filing of the application, the department shall provide a copy of the application to the SEPA responsible official for threshold review.

C. After a SEPA exemption, SEPA determination of nonsignificance, or SEPA final environmental impact statement has been issued for an application; the department shall schedule a public hearing for the next board of adjustment meeting where the application can be accommodated and notice provided to the public.

D. The board of adjustment shall conduct a public hearing on the application. The public hearing shall be conducted as provided in Section 17.68.100. At the hearing, members of the board of adjustment may request such additional information as is reasonably necessary to evaluate the application.

E. After the public hearing has concluded, the board of adjustment shall decide the application.

1. The decision may be made at the same public meeting as the public hearing or at another public meeting. The board of adjustment shall vote on the application within thirty-five (35) days of the initial public hearing date unless the applicant and any adverse parties agree in writing to an extension of time.

2. Decisions on applications for conditional use permits shall be based on the decision criteria in Section 17.68.060. Decisions on applications for variances shall be based on the decision criteria in Section 17.68.070 and the limitation on the authority to grant variances in Section 17.68.080.

3. The board of adjustment may condition or modify the proposal.

4. If the board of adjustment considers placing modifications on an application to such an extent that it results in a proposal dissimilar from the description of the proposal contained in the hearing notice, the board of adjustment shall hold a new hearing on the modified proposal before approving the application. Notice of this hearing shall be provided as required by Section 17.68.090.

5. The board of adjustment shall adopt findings of fact and conclusions which support the decision and any required conditions.

F. The decision of the board of adjustment and the findings of fact and conclusions shall be reduced to writing and mailed to the applicant by the department within seven days of the date of the decision.

G. The decision of the board of adjustment on the application is the final decision of the city and shall not be reconsidered except as a new application.

H. The board of adjustment decision shall not be reconsidered, except as a new application. See Section 17.68.110 for time limits for filing new applications.

I. The decision of the board of adjustment on the application may be appealed to the superior court as provided in Section 17.68.120.

J. The applicant or any other party authorized to conduct activities or uses by the decision of the board of adjustment, may commence or obtain additional required development permits seven days after the approval of the application. Activity commenced before the expiration of the full appeal period provided in Section 17.68.120 is at the sole risk of the applicant or other party. (Prior code § 11.022.050)