A.
Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided.
1.
Type 1 Decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision.
TYPE 1 DECISIONS | |
|---|---|
TYPE OF PERMIT | DECISION MAKER |
Temporary Encampment Permit Revocation (TMC Ch. 18.48) | Director |
Administrative Variance for Noise – 30 days or less (TMC § 8.22.120) | Director |
Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter | As specified by ordinance |
Boundary Line Adjustment, including Lot Consolidation (TMC Ch. 17.08) | Director |
Critical Area Designation Permit (TMC § 18.45.050) | Director |
Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC § 17.08.030) | Director |
Development Permit | Building Official |
Minor Modification to PRD (TMC § 18.46.130) | Director |
Signs (TMC § 19.12.020) | Director |
Tree Permit (TMC Ch. 18.54) | Director |
Wireless Communication Facility, Eligible Facilities (TMC Ch. 18.58) | Director |
2.
Type 2 Decisions are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 2 DECISIONS | ||
|---|---|---|
TYPE OF PERMIT | DECISION MAKER | NOTICING REQUIREMENTS |
Temporary Encampment Permit (TMC Ch. 18.48) | Director | Type: Notice of Meeting (TMC § 18.48.020(E)) |
Cargo Container Placement (TMC § 18.50.060) | Director | Noticing not required. |
Code Interpretation (TMC § 18.90.010) | Director | |
Modification to Development Standards (TMC § 18.41.100) | Director | |
Parking standard for use not specified (TMC § 18.56.100), and modifications to certain parking standards | Director | |
Request for Landscape Modification (TMC § 18.52.120) | Director | |
Critical Area Tree Removal and Vegetation Clearing (TMC § 18.45.158) | Director | |
Shoreline Tree Permit (TMC § 18.44.060) | Director | |
Master Sign Program (TMC § 19.32.030) | Director | |
Minor Modification of a Preliminary Short Subdivision (TMC § 17.12.030) | Director | |
Minor Modification of a Preliminary Long Subdivision (TMC § 17.14.030) | Director | |
Final Long Subdivision (TMC § 17.14.050) | Director | |
Modification to TUC Corridor Standards (TMC § 18.28.110.C) | Director | |
Modification to TUC Open Space Standards (TMC § 18.28.250.D.4.d) | Director | |
Transit Reduction to Parking Requirements (TMC § 18.28.260.B.5.b) | Director | |
Wireless Communication Facility, Macro Facilities – No New Tower (TMC Ch. 58.060) | Director | |
Critical Areas (except Reasonable Use Exception) (TMC Ch. 18.45) | Director | Type: Notice of Application (TMC § 18.104.080) Method of Notice: Posted (TMC § 18.104.110) *Additional Notice Requirements for Shoreline Applications (TMC § 18.104.090(2)) |
Shoreline Substantial Development Permit* (TMC Ch. 18.44) | Director | |
Design Review (TMC § 18.60.020) | Director | |
Short Subdivisions (TMC Ch. 17.12) | Short Subdivision Committee | |
Administrative Planned Residential Development (TMC § 18.46.110) | Short Subdivision Committee | |
Binding Site Improvement Plan (TMC Ch. 17.16) | Short Subdivision Committee | |
3.
Type 3 Decisions are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS | ||
|---|---|---|
TYPE OF PERMIT | DECISION MAKER | NOTICING REQUIREMENTS |
Uncertain zone district boundary (TMC § 18.08.040) | Hearing Examiner | Type: Notice of Application (TMC § 18.104.080) & Notice of Hearing (TMC § 18.104.190) Method of Notice: Posted (TMC § 18.104.110) & Mailed (TMC § 18.104.120) *Additional Notice Requirements for Shoreline Applications (TMC § 18.104.090(2)) |
Variance (TMC Ch. 18.72) | Hearing Examiner | |
TSO Special Permission Use (TMC § 18.41.060) | Hearing Examiner | |
Conditional Use Permit (TMC Ch. 18.64) | Hearing Examiner | |
Modifications to Certain Parking Standards (TMC Ch. 18.56) | Hearing Examiner | |
Reasonable Use Exceptions under Critical Areas Ordinance (TMC § 18.45.180) | Hearing Examiner | |
Variance for Noise in Excess of 30 Days (TMC § 8.22.120) | Hearing Examiner | |
Variance from Parking Standards over 10% (TMC § 18.56.140) | Hearing Examiner | |
Preliminary Long Subdivision (TMC § 17.14.020) | Hearing Examiner | |
Wireless Communication Facility, Macro Facility – New Tower (TMC § 18.58.070) | Hearing Examiner | |
Shoreline Conditional Use Permit* (TMC § 18.44.110) | Hearing Examiner | |
4.
Type 4 Decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 4 decisions may be appealed only to Superior Court.
TYPE 4 DECISIONS | ||
|---|---|---|
TYPE OF PERMIT | DECISION MAKER | NOTICING REQUIREMENTS |
Planned Residential Development (PRD), including Major Modifications (TMC Ch. 18.46) | City Council | Type: Notice of Application (TMC § 18.104.080) & Notice of Hearing (TMC § 18.104.190) Method of Notice: Posted (TMC § 18.104.110) & Mailed (TMC § 18.104.120) |
Critical Area Master Plan Overlay (TMC § 18.45.160) | City Council | |
Unclassified Use (TMC Ch. 18.66) | City Council | |
5.
Type 5 Decisions are legislative decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court or the Growth Management Hearings Board.
TYPE 5 DECISIONS | ||
|---|---|---|
TYPE OF PERMIT | DECISION MAKER | NOTICING REQUIREMENTS |
Comprehensive Plan Amendment (TMC Ch. 18.80) | City Council | Type: Notice of Application (TMC § 18.104.080 and TMC Ch. 18.80) & Notice of Hearing (TMC § 18.104.190) |
Amendments to Development Regulations (TMC Ch. 18.82) | ||
Development Agreement (TMC Ch. 18.86) | ||
Site Specific Rezones, with Accompanying Comprehensive Plan Map Changes (TMC Ch. 18.84) | City Council | Type: Notice of Application (TMC § 18.104.080 and TMC Ch. 18.84) & Notice of Hearing (TMC § 18.104.190) Method of Notice: Posted (TMC § 18.104.110) & Mailed (TMC § 18.104.120) |
(Ord. 2741 § 4 (part), 2024; Ord. 2745 § 7, 2024; Ord. 2759 § 3, 2025; Ord. 2765 § 132, 2025)