These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. The decisions made by the Director under Type A actions shall be final. The Director's decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.
An administrative appeal process is not provided for any Type A actions that are categorically exempt from environmental review under Chapter 43.21C RCW. An appeal of any Type A action that requires environmental review shall be filed in conjunction with MTMC § 16.05.140.
(Ord. 2811 § 2 (Exh. 1), 2022)
The Director makes these decisions based on standards and clearly identified criteria.
Type B decisions require that the Director issues a written decision that approves, approves with modifications, or denies an application. The Director's written decision shall also include the City's determination under any required SEPA review.
All Director's decisions made under Type B actions are appealable in an open record appeal hearing. Such hearing shall consolidate with any appeals of SEPA negative threshold determinations, or mitigated determinations on nonsignificance. SEPA determinations of significance are appealable in an open record appeal prior to the project decision.
All appeals shall be heard by the Hearing Examiner except appeals of shoreline substantial development permits, shoreline conditional use permits, and shoreline variances which shall be appealable to the State Shorelines Hearings Board.
(Ord. 2811 § 2 (Exh. 1), 2022)
Type C decisions are made by the Hearing Examiner, and involve the use of discretionary judgment in the review of each specific application.
Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the Hearing Examiner. Any administrative appeal of a SEPA threshold determination shall be consolidated with the open record public hearing on the project permit, except a determination of significance, which is appealable under MTMC § 18.05.050.
There is no administrative appeal of Type C actions.
(Ord. 2811 § 2 (Exh. 1), 2022)
These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands.
Legislative decisions include a hearing and recommendation by the Planning Commission and action by the City Council.
The City Council shall take legislative action on the proposal in accordance with state law.
There is no administrative appeal of legislative actions of the City Council but such actions may be appealed together with any SEPA threshold determination according to state law.
(Ord. 2811 § 2 (Exh. 1), 2022)
Action
Permit Type
Notice Requirements(1)
Open Record Hearing/ Recommendation
Open Record Decision Hearing or Appeal Hearing
Closed Record Appeal
Target Time for Permit Decision
Accessory Use(5)
A
NOAA
NA
HE
Court
30 days
Administrative Design Review(5)
A
NOAA
NA
HE
Court
28 days
Accessory Dwelling Unit
B
P
NA
HE
Court
60 days
Amendments to Comprehensive Plan
D
N
PC(2)
CC
Court/GMA Board
Once Annually
Amendments to Development Code
D
N
PC(2)
CC
Court/GMA Board
Legislative Process
Binding Site Plan
B
M
NA
HE
Court
90 days
Boundary Line Adjustment/Lot Consolidation
A
NA
NA
HE
Court
30 days
Building Permit(6)
A
NA
NA
NA
Court
120 days
Clearing and Grading Permit(5)
A
NOAA
NA
NA
Court
60 days
Conditional Use Permit (CUP)
C
M, P, N
NA
HE
Court
120 days
Critical Areas Reasonable Use Permit
C
M, P, N
NA
HE
Court
120 days
Critical Areas Special Use Permit
C
M, P, N
NA
HE
Court
120 days
Deviation from Development Standards(5)
A
NOAA
NA
HE
Court
30 days
Development Agreements
D
N
PC(2)
CC
Court
Legislative Process
Development Engineering Permit
A
NA
NA
NA
Court
120 days
Driveway Permit
A
NA
NA
NA
Court
30 days
Essential Public Facility — Special Use Permit
C
M, P, N
NA
HE
Court
120 days
Fence Permit
A
NOAA
NA
HE
Court
30 days
Final Plat(5)
A
NOAA
NA
HE
Court
30 days
Floodplain Development Permit(5)
A
NOAA
NA
HE
Court
30 days
Floodplain Variance(5)
A
NOAA
NA
HE
Court
30 days
Interpretation of Development Code
A
NA
NA
HE
Court
15 days
Master Development Plan
C
M, P, N
NA
HE
Court
120 days
Mobile Home Park
C
M, P, N
NA
HE
Court
120 days
Noise Variance
A
NA
NA
HE
Court
30 days
Planned Action Determination
A
NA
NA
HE
Court
14 days
Planned Unit Development
C
M, P, N
NA
HE
Court
120 days
Plat Alteration(4)
B
M
NA
HE
NA
120 days
Plat Alteration With Public Hearing(4)
C
M, P, N
NA
HE
Court
120 days
Preliminary Plat
C
M, P, N
NA
HE
Court
90 days
Preliminary Fee Simple Major Plat
C
M, P, N
NA
HE
Court
90 days
Residential Projects With 9 or Fewer Units
A
NOAA
NA
HE
Court
60 days
Residential Projects With 10 or More Units
C
M, P, N
NA
HE
Court
120 days
Rezone of Property
C
M, P, N
HE(2)
CC
Court
120 days
Right-of-Way Use
A
NA
NA
HE
Court
30 days
Secure Community Transitional Facility — Special Use Permit
C
M, P, N
NA
HE
Court
120 days
SEPA Threshold Determination
B
M, P, N
NA
HE
Court
60 days
Sign Plan(5)
A
NOAA
NA
HE
Court
120 days
Shoreline Exemption
A
NA
NA
NA
Shoreline Hearings Board
15 days
Shoreline Substantial Development Permit, Shoreline Variance and Shoreline CUP
B
M, P, N
NA
NA
Shoreline Hearings Board
120 days
Short Plat(5)
A
NOAA
NA
HE
Court
60 days
Sign Permit
A
NA
NA
NA
Court
30 days
Site Development Plan
A
NA
NA
NA
Court
60 days
Site Plan, Large Scale
C
M, P, N
HE
NA
Court
120 days
Site Plan, Small Scale(5)
A
NOAA
NA
HE
Court
120 days
Site-Specific Comprehensive Plan Map Amendment
C
M, P, N
HE
CC
GMA Board
Once Annually
Special Use Permit (SUP)
C
M, P, N
NA
HE
Court
120 days
Special Use Sign Permit(5)
A
NOAA
NA
HE
Court
120 days
Temporary Use
A
NA
NA
NA
Court
15 days
Time Extension
A
NA
NA
NA
Court
60 days
Tree Removal Plan(7)
A
NA
NA
NA
Court
60 days
Zoning Variances
B
M, P, N
NA
HE
Court
90 days
1.
M = Mailed Notice; P = Notice Posted on Property; N = Notice Published in Newspaper; NOAA = Notice of Administrative Approval. Notice requirements listed in this table apply to the notice of application. Information included in the notice of application shall be as set forth in MTMC § 18.05.120. Requirements for issuing a notice of administrative approval are set forth in MTMC § 18.05.125. When a notice of public hearing is required, it shall follow the requirements established in MTMC § 18.05.127 and when a notice of decision is required, it shall follow the requirements established in MTMC § 18.05.128.
2.
HE = Hearing Examiner; PC = Planning Commission. As indicated, either Hearing Examiner or Planning Commission conducts open record public hearing and provides recommendation to City Council which serves as the City's decision-making authority.
3.
HE = Hearing Examiner. Examiner conducts open record hearing and makes the City's final permit decision.
4.
The plat alteration or preliminary plat is processed as a Type B action unless a request is filed with the City to hold a public hearing. In that event, the application becomes a Type C action.
5.
A Type A permit that is exempt from SEPA review (see MTMC § 16.05.080) is also exempt from notice requirements.
6.
Building permit includes both permit issuance and issuance of certificate of occupancy.
7.
When an application for tree removal is filed concurrently with a Type B or C permit application, the tree removal plan will be evaluated using the Type B or C permit procedures.
(Ord. 2811 § 2 (Exh. 1), 2022; Ord. 2910, 3/5/2026)