Chapter 14.08
APPROVAL, REVIEW AND APPEAL AUTHORITY
Sections:
14.08.010 Approval and appeal authorities.
14.08.020 Consolidation of appeals – Completion of process.
14.08.030 Review and appeal authority.
14.08.010 Approval and appeal authorities.
The project review process for an application or a permit may include review and approval by one or more of the following processes:
A. Department Staff. Individual staff as assigned by the director shall have the authority to review and approve, deny, modify, or conditionally approve, among others, accessory buildings, accessory dwelling units, boundary line adjustments, building permits and other construction permits exempt from the State Environmental Policy Act, environmental determinations, home occupation permits, design review (including reviews of undersized lots of record), short plats, sign permits, certificates of occupancy, temporary use permits, time extensions, tree plans, and shoreline exemptions, and to provide interpretations of codes and regulations applicable to such projects.
B. Development Review Committee (DRC). Pursuant to TMC Chapter 14.02, the development review committee shall have authority to conduct feasibility review and hold preapplication conferences and to grant, conditionally grant, deny, or modify, land use approvals regarding projects for which an open record predetermination hearing is not required.
C. Hearing Examiner. The Tumwater hearing examiner shall have the authority vested pursuant to TMC 2.58.090, including approval authority for site specific rezones, plats, variances, conditional use permits and appeal of all staff decisions including SEPA and permits issued under the shoreline master program.
(Ord. O96-004, Added, 04/16/1996)
14.08.020 Consolidation of appeals – Completion of process.
A. Any development which includes a request for one or more variances shall be considered by the hearing examiner concurrently with the plat or plan to which it applies.
B. When a public hearing is required in conjunction with a project permit, the recommending authority shall issue its recommendation in sufficient time for the hearing examiner to issue a notice of final decision within one hundred twenty days of the date of the complete application.
(Ord. O96-004, Added, 04/16/1996)
14.08.030 Review and appeal authority.
Table 14.08.030 describes development permits and the final decision and appeal authorities. When separate applications are consolidated at the applicant’s request, the final decision shall be rendered by the highest authority designated for any part of the consolidated application. Hearing examiner decisions may be appealed to superior court except comprehensive plan decisions which may be appealed to the State Growth Management Hearings Board and final shoreline permit actions which may be appealed to the shoreline hearings board.
(Ord. O2022-004, Amended, 06/07/2022; Ord. O2018-007, Amended, 10/16/2018; Ord. O2014-018, Amended, 12/16/2014; Ord. O2012-009, Amended, 08/06/2012; Ord. O2010-017, Amended, 12/21/2010; Ord. O2005-024, Amended, 09/06/2005; Ord. O96-024, Amended, 09/17/1996; Ord. O96-004, Added, 04/16/1999)
14.08.040 Conflicts.
In the event of conflicts between the procedural requirements of this title and other development regulations of the city, the provisions of this title shall control.
(Ord. O2020-004, Amended, 09/15/2020; Ord. O96-004, Added, 04/16/1996)
Table 14.08.030
Key: R
= Recommendation to Higher Review Authority; D = Decision;
A
= Appeal Decision; C = Closed Record Appeal Hearing;
OP
= Open Record Predetermination Hearing
|
|
HISTORIC COMMISSION |
COMMUNITY DEVELOPMENT DEPARTMENT STAFF |
DEVELOPMENT REVIEW COMMITTEE |
HEARING EXAMINER |
PLANNING COMMISSION |
CITY COUNCIL |
|---|---|---|---|---|---|---|
|
ZONING |
||||||
|
CONDITIONAL USE PERMITS |
|
|
R |
D(OP) |
|
|
|
VARIANCE |
|
|
R |
D(OP) |
|
|
|
SITE-SPECIFIC REZONES REQUIRED AS A RESULT OF A COMPREHENSIVE PLAN CHANGE |
|
|
|
|
R(OP) |
D(OP) |
|
SITE-SPECIFIC REZONES NOT REQUIRING A COMPREHENSIVE PLAN AMENDMENT |
|
R |
|
D(OP) |
|
|
|
ZONING TEXT AMENDMENT (DEV. REG. CHANGES) |
|
|
|
|
R(OP) |
D(OP) |
|
AREA WIDE MAP AMENDMENT |
|
|
|
|
R(OP) |
D(OP) |
|
HOME OCCUPATION |
|
D |
|
A(OP) |
|
|
|
CERTIFICATE OF APPROPRIATENESS |
D |
R |
|
A(C) |
|
|
|
COMPREHENSIVE PLAN |
||||||
|
COMPREHENSIVE PLAN TEXT AMENDMENT |
|
|
|
|
R(OP) |
D(OP) |
|
COMPREHENSIVE PLAN MAP AMENDMENT |
|
|
|
|
R(OP) |
D(OP) |
|
LAND DIVISION |
||||||
|
REPLAT |
|
|
R |
D(OP) |
|
|
|
PLAT VACATION |
|
|
R |
D(OP) |
|
|
|
BLA |
|
D |
|
A(OP) |
|
|
|
LOT CONSOLIDATION |
|
D |
|
A(OP) |
|
|
|
PRELIMINARY PLAT |
|
|
R |
D(OP) |
|
|
|
SHORT PLAT |
|
D |
|
A(OP) |
|
|
|
FINAL PLAT |
|
D |
|
A(OP) |
|
|
|
PUD |
|
|
R |
D(OP) |
|
|
|
BINDING SITE PLAN |
|
|
D |
A(OP) |
|
|
|
BINDING SITE PLAN – PHASED |
|
|
R |
D(OP) |
|
|
|
PLAT TIME EXTENSION |
|
D |
|
A(OP) |
|
|
|
PLAT ALTERATION W/ HEARING |
|
R |
|
D(OP) |
|
|
|
PLAT ALTERATION W/O HEARING |
|
D |
|
A(OP) |
|
|
|
ENVIRONMENTAL |
||||||
|
WETLAND PERMIT |
|
D |
|
A(OP) |
|
|
|
TREE PLANS |
|
D |
|
A(OP) |
|
|
|
SEPA DET. |
|
D |
|
A(OP) |
|
|
|
SHORELINES |
||||||
|
SUB. DEV. PERMIT |
|
|
R |
D(OP) |
|
|
|
CONDITIONAL USE PERMIT |
|
|
R |
D(OP) (1) |
|
|
|
VARIANCE |
|
|
R |
D(OP) (1) |
|
|
|
EXEMPT |
|
D |
|
A(OP) |
|
|
|
OTHER |
||||||
|
DEV. CODE INTERPRETATIONS |
|
D |
|
A(OP) |
|
|
|
BUILDING PERMIT PER IBC |
|
D |
|
A(OP) |
|
|
|
ADMINISTRATIVE ORDERS |
|
D |
|
A(OP) |
|
|
|
CIVIL PENALTIES |
|
D |
|
A(OP) |
|
|
|
REASONABLE USE EXCEPTIONS |
|
R |
|
D(OP) |
|
|
|
BUILDING MOVING PERMIT |
|
D |
|
A(OP) |
|
|
|
GRADING PERMIT PER IBC |
|
D |
|
A(OP) |
|
|
|
IMPACT FEE DETERMINATIONS |
|
D |
|
A(OP) |
|
|
|
CONCURRENCY DETERMINATIONS |
|
D |
|
A(OP) |
|
|
Table 14.08.030 Explanatory Notes:
1. Decisions on shoreline conditional use permits are issued by the city and the local decision can be appealed. The city’s decision is sent to the Washington State Department of Ecology for further review and approval or disapproval. After the city appeal process and Ecology’s review processes are complete, appeals may be made to the Shorelines Hearings Board within twenty-one days of the “date of filing” as defined in RCW 90.58.140(6).