Unless an administrative appeal is timely filed, a land use decision of the City shall be effective on the date the written decision is issued. When a permit requires a notice of decision, the effective date of the written decision is the date that the notice of decision is issued.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Administrative decisions (Type B) are appealable to the Hearing Examiner who conducts an open record appeal hearing.
B. 
Appeals of City Council decisions, ministerial decisions (Type A) without an administrative appeal, and appeals of a Hearing Examiner's decisions shall be made to the Superior Court. In the case of a shoreline substantial development permit, shoreline conditional use permit or shoreline variance, appeals shall be filed with the Shorelines Hearings Board. In the case of amendments to the Comprehensive Plan and/or development regulations designed to implement the Comprehensive Plan, appeals shall be filed with the Growth Management Hearings Board.
In the case of ministerial decisions (Type A) and administrative decisions with an administrative appeal process as defined in the table found in MTMC § 18.05.075, the Hearing Examiner shall conduct an open record appeal hearing.
(Ord. 2811 § 2 (Exh. 1), 2022)
Any administrative appeal shall be linked to the criteria of the underlying land use decision. The grounds for filing an appeal shall be limited to the following:
A. 
The Director exceeded its jurisdiction or authority;
B. 
The Director failed to follow applicable procedures in reaching the decision;
C. 
The Director committed an error of law; or
D. 
The findings, conclusions or decision prepared by the Director or review authority are not supported by substantial evidence.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Notification of permit decisions for ministerial (Type A) permits are issued through a notice of administrative approval. Notification of permit decisions on administrative (Type B) permits are issued through a notice of decision. Appeals shall be filed within 14 calendar days from the date of the mailing of the notice. Appeals shall be filed in writing with the City Clerk.
B. 
Appeals shall be accompanied by a filing fee in the amount to be set in the City's fee schedule.
C. 
Within 10 calendar days following timely filing of a complete appeal with the City Clerk, notice of appeal shall be mailed by the City Clerk to all parties of record.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
An appeal shall be heard and decided within 90 days from the date the appeal is filed.
B. 
Timely filing of an appeal shall delay the effective date of the Director's decision until the appeal is ruled upon or withdrawn.
C. 
Notice of hearing shall be mailed to all parties of record at least 10 calendar days before the appeal hearing by the City Clerk.
D. 
The hearing shall be limited to the issues included in the written appeal statement. Participation in the appeal shall be limited to the City, including all staff, the applicant for the proposal subject to appeal, and those persons or entities which have timely filed complete written appeal statements and paid the appeal fee.
(Ord. 2811 § 2 (Exh. 1), 2022)
No person may seek judicial review of any decision of the City, unless that person first exhausts the administrative remedies provided by the City.
(Ord. 2811 § 2 (Exh. 1), 2022)
Any judicial appeal shall be filed in accordance with state law. If there is not a statutory time limit for filing a judicial appeal, the appeal shall be filed within 21 calendar days after a final decision is issued by the City.
(Ord. 2811 § 2 (Exh. 1), 2022)
The appeal authority may dismiss an appeal in whole or in part without a hearing, if the appeal authority determines that the appeal or application is untimely, frivolous, beyond the scope of the appeal authority's jurisdiction, brought merely to secure a delay, or that the appellant lacks standing.
(Ord. 2811 § 2 (Exh. 1), 2022)
In the event of any conflict between any provision of this chapter and any other City ordinance, the provisions of this chapter shall control. Specifically, but without limitation, this means that the provisions of this chapter shall control with reference to authority to make decisions and the timeframe for making those decisions, including the requirements to file an appeal.
(Ord. 2811 § 2 (Exh. 1), 2022)