Chapter 14.12
LAND USE PERMITS
Sections:
14.12.010 Land use permit application procedures and types.
14.12.020 Decision and appeal authorities.
14.12.030 Land use permit application review periods.
14.12.010 Land use permit application procedures and types.
A. An applicant seeking land use permit approval shall apply on forms provided by the city and provide all the items noted on land use permit application checklists, unless waived in writing by the director.
B. Application fees as established by the city are due at the time of submittal of a land use permit application.
C. Applicable procedures for the review and decision on land use permit applications are pursuant to the provisions of this title.
D. Land Use Permit Application Types.
1. The director shall determine the proper land use permit application type for the processing of each application pursuant to the provisions of this title.
2. Land use permit applications are categorized as Type I, Type II, or Type III.
a. Type I. Administrative decisions by the director who may approve, conditionally approve, or deny the application.
b. Type II. Administrative decisions by the director with specified public notice. The director may approve, conditionally approve, or deny the application.
c. Type III. Hearing examiner decisions following a public hearing. The hearing examiner may approve, conditionally approve, or deny the application.
3. TMC Table 14.12.010 identifies examples of the types of land use permit applications included in each application type.
4. Decision and appeal authorities for each land use permit application type are identified in TMC Table 14.12.020(A).
5. Permit notice requirements for each land use permit application type are identified in TMC Table 14.12.020(B).
6. Review times for each land use permit application type are identified in TMC Table 14.12.030.
|
Land Use Permit Application Type |
Examples |
|---|---|
|
Type I |
Boundary line adjustments, critical area requests for determination of applicability, final plats, home occupation permits, land clearing permits, land use code interpretations, lot consolidations, plat time extensions, preliminary short plats, preliminary SEPA threshold determinations (if EIS is required), reasonable use exemptions, shoreline exemptions, site plan review, sign permits, temporary use permits, and tree permits |
|
Type II |
Any Type 1 permits that are not SEPA exempt |
|
Type III |
Binding site plans (phased), conditional use permits, planned unit developments, plat alternations with hearing, plat vacations, preliminary plats, replats, shoreline conditional use permits, shoreline substantial development permits, shoreline variances, site-specific rezones not requiring a comprehensive plan amendment, and zoning variances |
TMC Table 14.12.010 Explanatory Notes:
1 The table is not an exhaustive list of all land use permit application types. For any land use permit application not listed in the table, the director will determine the application type.
(Ord. O2024-005, Added, 12/03/2024)
14.12.020 Decision and appeal authorities.
A. TMC Table 14.12.020(A) describes the final decision and appeal authorities for each land use permit application type.
1. When separate land use permit applications are consolidated under TMC 14.16.040(B) the final decision and appeal shall be rendered by the highest authority designated for any part of the consolidated application in TMC Table 14.12.020(A).
2. Hearing examiner decisions may be appealed to superior court, except final shoreline permit actions which may be appealed to the shoreline hearings board.
B. TMC Table 14.12.020(B) provides public notice requirements for each land use permit application type. When separate land use permit applications are consolidated under TMC 14.16.040(B), the public notice requirements in TMC Table 14.12.020(B) shall be based on the highest land use permit application type in the consolidated application.
C. A land use permit approval may be amended at the applicant’s request by the same procedures provided under this title for the original land use permit application approval and is subject to TMC 14.10.060.
D. The review process for a land use permit application may include review and approval by the following entities:
1. Department Staff. Individual department staff shall have the authority to:
a. Review and make recommendations to the director to approve, deny, modify, or conditionally approve Type I land use permit applications, and
b. Provide recommendations to the director regarding land use code interpretations.
2. Development Review Committee.
a. The development review committee shall have authority to:
i. Conduct feasibility reviews;
ii. Conduct preapplication conferences;
iii. Provide recommendations to the director regarding land use code interpretations;
iv. Make recommendations to the director to approve, deny, modify, or conditionally approve Type II land use permit applications; and
v. Make recommendations to the hearing examiner to approve, deny, modify, or conditionally approve Type III land use permit applications;
b. The committee shall adopt rules of procedure for the purpose of ensuring fair, lawful, and timely recommendations; and
c. The committee agenda shall be prepared and posted by the department pursuant to the notification standards found in TMC 14.10.050.
3. Director. The director shall have the authority to:
a. Approve, approve with conditions, or deny Type I or II land use permit applications including SEPA determinations, so long as such actions are in conformity with the Tumwater Municipal Code;
b. Consider pertinent facts bearing on land use permit applications in making their decision; and
c. Refer a Type I or Type II land use permit application to the hearing examiner for an open record public hearing, if the director determines such an application is extraordinarily complex or presents significant environmental, design, or compatibility issues.
4. Hearing Examiner. The hearing examiner shall have the authority vested pursuant to TMC 2.58.090 to:
a. Conduct open record public hearings on Type III land use permit applications and appeals of director decisions on Type I and II land use permit applications, including SEPA determinations;
b. Approve, approve with conditions, or deny Type III land use permit applications including SEPA determinations, so long as such actions are in conformity with the Tumwater Municipal Code;
c. Decide appeals of director decisions on Type I and II land use permit applications, including SEPA determinations; and
d. Consider pertinent facts bearing on land use permit applications in making their decision.
|
Land Use Permit Application Type |
Recommendation |
Hearing Body |
Decision Authority |
Appeal To (Open or Closed Record Appeal) |
|---|---|---|---|---|
|
Type I |
DRC |
N/A |
DIR |
HEX |
|
Type II |
DRC |
N/A |
DIR |
HEX |
|
Type III |
DIR – Site-specific rezones not requiring a comprehensive plan amendment. DRC – All others.1 |
HEX |
HEX |
Superior Court or WA State ELUHO for shoreline permits (closed record) |
TMC Table 14.12.020(A) Legend:
CC – City council
DIR – Director of the community development department
DRC – Development review committee
ELUHO – State Environmental and Land Use Hearings Office
HEX – Hearing examiner
N/A – Not applicable
PC – Planning commission
TMC Table 14.12.020(A) Explanatory Notes:
1 Decisions on shoreline conditional use permits are issued by the city and the city’s decision can be appealed. The city’s decision is sent to the 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 ELUHO within twenty-one days of the “date of filing” as defined in RCW 90.58.140(6).
|
Land Use Permit Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|---|---|---|---|---|
|
Type I |
No |
No |
N/A1 |
No |
|
Type II |
Yes |
Yes |
N/A1 |
Yes |
|
Type III |
Yes |
Yes |
Yes |
Yes |
TMC Table 14.12.020(B) Explanatory Notes:
1 If Type I or Type II land use permit application types are appealed, then notice of hearing requirements would apply.
(Ord. O2024-005, Added, 12/03/2024)
14.12.030 Land use permit application review periods.
A. Review Period.
1. The decision authority established in TMC Table 14.12.020(A) shall make a final decision on a land use permit application within the time limits set forth in TMC Table 14.12.030.
a. When separate land use permit applications are consolidated under TMC 14.16.040(B), the time limits for review in TMC Table 14.12.030 shall be based on the highest land use permit application type in the consolidated application.
b. The city shall review and process a land use permit application to allow for a final decision by the decision authority established in TMC Table 14.12.020(A) within the time limits set forth in TMC Table 14.12.030.
|
Land Use Permit Application Type |
Time in Review |
|---|---|
|
Type I |
90 days • Final Plat: 30 days (TMC 17.24.050) |
|
Type II |
120 days |
|
Type III |
170 days • Preliminary Plat: 90 days (RCW 58.17.140) |
B. Time Limit Exceptions. The time limits set forth above do not include:
1. Up to the first twenty-eight days after receipt of a land use permit application, during which the city determines whether the application is complete pursuant to TMC 14.14.040.
2. Any period during which the applicant has been requested by the city to correct plans, perform studies, or provide additional information pursuant to TMC 14.14.040(D).
3. Any appeal period. See TMC Chapter 14.18 for appeal procedures.
4. Any extension of time mutually agreed upon by the applicant and the city under TMC 14.10.040.
5. The time required to prepare and issue an environmental impact statement in accordance with SEPA.
(Ord. O2024-005, Added, 12/03/2024)