A.
B.
Type 3 permit decisions shall be final and conclusive unless a timely and complete appeal is filed.
C.
Type 4 and 5 permit decisions shall be final and conclusive unless a timely and complete appeal is filed.
(Ord. 2741 § 4 (part), 2024)
A.
Except for shoreline permits that are appealable to the State Shorelines Hearings Board, all notice of appeal of Type 1 and 2 land use decisions shall be filed within 14 calendar days from the date of issuance of the permit; provided that the appeal period shall be extended for an additional seven calendar days if the project involves any one or more of the following situations:
1.
There is another agency with jurisdiction as defined in WAC 197-11-714(3).
2.
The project involves the demolition of any structure or facility that is not categorically exempt under WAC 197-11-800(2)(f) or 197-11-880.
3.
The project involves a clearing or grading permit not categorically exempt under WAC 197-11 - 800 through 197-11-880.
4.
A Mitigated Determination of Non-Significance was issued for the project pursuant to WAC 197-11-350.
5.
A Declaration of Significance for the project has been withdrawn pursuant to WAC 197-11-360(4) and replaced by a Declaration of Non-Significance.
B.
Any appeal from a code interpretation issued by the Director shall be filed within 14 days of the date of issuance of a final code interpretation by the Director.
C.
All notices of appeal of Type 1 and 2 decisions issued by City administrators shall be filed within 14 days of the date of the issuance of a final decision of a City administrator.
D.
Except as specifically provided in this chapter, no administrative appeals are permitted or required for Type 1, 2, 3, 4, or 5 land use decisions.
(Ord. 2741 § 4 (part), 2024)
A.
On its own motion, or on the motion of a party, the Department or any hearing body shall dismiss an appeal for untimeliness or lack of jurisdiction.
(Ord. 2741 § 4 (part), 2024)
A.
Every Notice of Appeal shall contain the following information:
1.
The name of the appealing party.
2.
The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party’s behalf.
3.
A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal.
4.
An appeal fee pursuant to the fee schedule.
B.
The Notice of Appeal shall be distributed by the Department to the body designated to hear the appeal and to parties of record pursuant to TMC Section 18.112.020A.
(Ord. 2741 § 4 (part), 2024)
A.
Appeals shall be processed by the examiner as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Unless a longer period is agreed to by the parties, or the examiner determines that the size and scope of the project is so compelling that a longer period is required, a prehearing conference or a public hearing shall occur within 45 days from the date the office of the hearing examiner is notified that a complete statement of appeal has been filed. In such cases where the examiner has determined that the size and scope warrant such an extension, the reason for the deferral shall be stated in the examiner’s recommendation or decision. The time period may be extended by the examiner at the examiner’s discretion for not more than 30 days.
(Ord. 2741 § 4 (part), 2024)