Article IV. Appeals/Reconsiderations
18A.20.400 Specific appeal procedures.
A. Administrative Decision. Administrative decisions regarding the approval or denial of the following applications or determinations/interpretations may be appealed to the Hearing Examiner within fourteen (14) days, or twenty-one (21) days if issued with a SEPA threshold determination including a comment period, of the final staff decision using procedures outlined below and in Chapter 1.36 LMC.
1. All administrative interpretations/determinations;
3. Home occupation permits;
4. Preliminary short plats;
6. Shoreline exemptions and staff-level substantial development permits;
7. Sign permits;
8. Site-specific rezones;
9. Variances;
10. Building permits;
11. Engineering permits;
12. Application or interpretations of the International Building Code;
13. Application or interpretations of the International Fire Code;
14. Application or interpretations of the Uniform Code for the Abatement of Dangerous Buildings;
16. Appeals of drainage manual administrator decisions.
B. Wireless Service Facilities Permits. Wireless service facilities permits are administratively approved by the Director. Such decisions are appealable directly to the Pierce County Superior Court.
C. SEPA.
1. Environmental appeals are subject to the requirements of LMC 14.02.200, in addition to the requirements found in this subsection.
2. The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
a. Any agency or person may appeal the City’s conditioning, lack of conditioning or denial of an action pursuant to Chapter 197-11 WAC. All such appeals shall be made to the Hearing Examiner and must be filed within fourteen (14) days after the comment period before the threshold decision has expired. This appeal and any other appeal of a land use action shall be considered together.
b. The following threshold decisions or actions are subject to timely appeal:
i. Determination of Significance. Appeal of a determination of significance (DS) or a claim of error for failure to issue a DS may only be appealed to the Hearing Examiner within that fourteen (14) day period immediately following issuance of such initial determination.
ii. Determination of Nonsignificance or Mitigated Determination of Nonsignificance. Conditions of approval and the lack of specific conditions may be appealed to the Hearing Examiner within fourteen (14) calendar days after the SEPA comment period expires.
iii. Environmental Impact Statement (EIS) Adequacy. A challenge to a determination of adequacy of a Final EIS may be heard by the Hearing Examiner in conjunction with any appeal or hearing regarding the associated project permit. Where no hearing is associated with the proposed action, an appeal of the determination of adequacy must be filed within fourteen (14) days after the thirty (30) day comment period has expired.
iv. Denial of a Proposed Action. Any denial of a project or nonproject action using SEPA policies and rules may be appealed to the Hearing Examiner within fourteen (14) days following the final administrative decision.
c. For any appeal under this subsection the City shall keep a record of the appeal proceedings, which shall consist of the following:
i. Findings and conclusions; and
ii. Testimony under oath; and
iii. A taped or written transcript.
3. The City shall give official notice under WAC 197-11-680 whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
D. Land Use Approval.
1. The Director’s decisions may be appealed to the Hearing Examiner by any aggrieved or affected parties. All appeals shall be filed in writing with the Department within fourteen (14) days of the date of the decision being appealed. Where combined with an environmental threshold determination, such appeal period shall be extended to twenty-one (21) days.
2. The Department shall send written notification of receipt of the appeal to the applicant and to all appropriate City departments prior to the date the Hearing Examiner will consider the matter.
3. Any action taken by the Hearing Examiner which upholds, modifies or reverses a decision by the Director shall be final.
4. Site-specific zoning map amendments are appealed to the City Council per Chapter 1.38 LMC. [Ord. 794 § 2 (Exh. A), 2023; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]