In the absence of a specific right of appeal authorized under this UDC, there shall be no right to administrative appeals.
(1)
Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding the appropriate permit process to be used for discretionary conditional use permit applications (i.e., "C(d)" uses listed in Table 3-1 in JCC § 18.15.040) under JCC § 18.40.520, are not appealable to the hearing examiner.
(2)
Type II Permits.
(a)
The administrator's final decision on a Type II permit application may be appealed by a party of record to the hearing examiner for an open record appeal hearing as further set forth in JCC § 18.40.280. The responsible official's SEPA determination of nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS) may also be appealed by a party of record to the hearing examiner for an open record appeal hearing. Administrative appeals of a DS or draft or final EIS are not allowed.
(b)
All appeals of Type II permit decisions must be in writing, conform with the procedures for appeal set forth in Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure and shall be filed within 14 calendar days after the notice of decision is issued. Appeals of threshold determinations under SEPA, except for a determination of significance (DS), shall be consolidated with any open record hearing on the project permit. (See RCW 36.70B.110(6)(d).)
(3)
SEPA Decisions.
(a)
The responsible official's DNS or MDNS may be appealed to the hearing examiner by the applicant or anyone commenting on the environmental impacts of the proposal (as further set forth in JCC § 18.40.780). The appeal must be in writing, in conformance with Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure, and be filed within 14 calendar days after the threshold determination is issued as set forth in subsection (3)(b) of this section. Appeals of environmental determinations under SEPA shall be consolidated with any open record hearing on the project permit. (See RCW 36.70B.110(6)(d).) Administrative appeals of a DS or draft or final EIS are not allowed.
(b)
The SEPA appeal period shall be calculated from the date the decision is issued pursuant to WAC 197-11-340(2)(d).
(Ord. 8-06 § 1; Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))