Chapter 18.56
PROCEDURES FOR LAND USE PERMITS1

Sections:

18.56.010    Purpose.

18.56.020    Land use decision framework.

18.56.030    Land use permits required.

18.56.040    Preliminary site plan review.

18.56.050    Land use permit applications.

18.56.060    Fees.

18.56.070    Public notice.

18.56.075    Notice of application.

18.56.077    Content of notice.

18.56.080    Scoping notice.

18.56.090    Draft EIS notice.

18.56.100    Final EIS notice.

18.56.110    Public meetings and open record predecision hearings.

18.56.120    Staff recommendations.

18.56.125    Project decisions.

18.56.130    Staff decisions.

18.56.135    Notice of decisions.

18.56.140    Design commission requested review.

18.56.145    Design commission mandatory review.

18.56.147    Comprehensive plan amendments.

18.56.149    Zoning code text amendments.

18.56.150    Shoreline permits, variances and conditional uses.

18.56.160    Administrative appeals.

18.56.170    Hearing examiner appeals.

18.56.175    Hearing examiner decision – Open record predecision hearing.

18.56.177    Request for reconsideration of hearing examiner recommendation.

18.56.180    City council closed record appeals.

18.56.182    Appeals to the State Shoreline Hearings Board.

18.56.183    City council Type VII decisions.

18.56.185    Timing of land use decisions.

18.56.190    Vesting of development rights.

18.56.200    Permit issuance.

18.56.210    Filing and recording requirements.

18.56.220    Expiration and renewal of permits.

18.56.230    Suspension and revocation of permits.

18.56.240    Time requirements for shoreline permits.

18.56.010 Purpose.

The purpose of this chapter is to establish standard procedures for land use and related decisions made by the city of Sumner. The procedures are designed to promote informed public participation, eliminate redundancy in the permit process, minimize permit review times, and implement the Sumner comprehensive plan. This chapter provides for an integrated and consolidated land use permit process as required by RCW 36.70B.060. (Ord. 1762 § 2 (part), 1996)

18.56.020 Land use decision framework.

A. Land use decisions are classified into seven categories based on the amount of discretion and level of impact associated with each decision. Procedures for the seven categories are distinguished according to who makes the decision, the type and amount of public notice required, whether appeal opportunities are provided, which parties have standing for an appeal, and the venue of the appeal. For two of the seven types of decisions, there are additional subtypes which distinguish the venue for an appeal or further review of a decision. Land use decisions are categorized by type in Exhibit 18.56.020A.

B. Type I decisions are made by the director and are appealable only through the judicial system. They require the exercise of little or no discretion. Refer to Exhibit 18.56.020B.

C. Type II decisions are discretionary decisions made by the director following public notice. Type II decisions are not subject to an administrative appeal. These decisions relate to procedural and substantive compliance with the State Environmental Policy Act. Refer to Exhibit 18.56.020C.

D. Type III decisions are discretionary decisions made by the director with an opportunity for an appeal and open record hearing by the applicant to the hearing examiner. There is no public comment period prior to the decision, or appeal of a hearing examiner’s decision to the city council. Certain Type III decisions involving design issues may include advisory review by the design commission. Refer to Exhibits 18.56.020D, E, and F.

E. Type IV decisions are discretionary decisions made by the hearing examiner following a recommendation from city staff and an open record predecision hearing. No appeal to the city council is provided. Refer to Exhibit 18.56.020G.

F. Type V decisions are discretionary decisions made by the hearing examiner following a recommendation from staff and an open record predecision hearing. Type V decisions are appealable to the city council. Refer to Exhibit 18.56.020H.

G. Type VI decisions are quasi-judicial decisions made by the city council pursuant to existing legislative standards and based upon the hearing examiner’s record and recommendation after holding an open record pre-decision hearing. Certain Type VI decisions involving design issues require advisory review by the design commission. Refer to Exhibits 18.56.020I and J.

H. Type VII decisions are legislative decisions made by the city council in its capacity to establish policy and create legislation. The city council will generally seek broad public participation and review by the planning commission or other advisory groups on these decisions. Refer to Exhibit 18.56.020K. (Ord. 2472 § 3, 2014; Ord. 1762 § 2 (part), 1996)

18.56.030 Land use permits required.

A. Land use permits may be composed of one or more classifications of land use decisions. A land use permit shall be required for all projects requiring one or more of these decisions.

B. The following decisions are Type I decisions which require no public notice and are appealable only through the judicial system, except shoreline permits may be appealed per SMC 18.56.182:

1. Establishments or change of use for uses permitted outright and temporary uses in zones where the use is permitted;

2. Establishment of an outdoor seating area;

3. Lot line adjustments;

4. Manufactured home for resident during the construction of a single-family residence;

5. Temporary structure containing office and retail uses during the life of a building permit;

6. Minor revisions to an approved preliminary plat;

7. Resource, wildlife, and hazard area determinations;

8. Shoreline statement of exemption;

9. Revision to a shoreline substantial development permit;

10. Revision to a shoreline variance or shoreline conditional use permit; provided, that the revisions must be reviewed and approved by the Department of Ecology in accordance with chapter 173-27 WAC.

C. The following decisions are Type II decisions which require public notice and are appealable only through the judicial system:

1. Determination of significance that an environmental impact statement is required pursuant to the city SEPA regulations, chapter 16.04 SMC;

2. Determination of nonsignificance that an environmental impact statement is not required pursuant to the city SEPA regulations, chapter 16.04 SMC;

3. The decision to approve, condition, or deny any land use permit (other than for shoreline decisions) based on the city’s SEPA policies pursuant to chapter 16.04 SMC;

4. Certain wetland determinations according to SMC 16.46.130.

D. The following decisions are Type III.a decisions which require no public notice and are appealable to the hearing examiner:

1. Short subdivisions;

2. Revocation of a land use permit pursuant to SMC 18.56.230;

3. Approvals pursuant to the resource, wildlife and hazard areas, chapter 16.40 SMC;

4. Zoning code interpretation;

5. Renewal of a land use permit pursuant to SMC 18.56.220;

6. Temporary caretaker’s quarters;

7. Temporary continuing care quarters;

8. Final subdivisions.

E. The following decisions are Type III.b decisions which may be reviewed by the design commission pursuant to SMC 18.56.140 which are appealable to the hearing examiner: Applications for development subject to the thresholds of SMC 18.40.020(B), called design review requested review.

F. The following decisions are Type III.c decisions which shall be reviewed by the design commission pursuant to SMC 18.56.145 and which are appealable to the hearing examiner: Applications for development subject to the thresholds of SMC 18.40.020(C), called design review mandatory review.

G. The following decisions are Type IV decisions which require public notice and a public hearing before the hearing examiner and are appealable only through the judicial system:

1. Variances;

2. Special exception;

3. Reasonable use exceptions pursuant to the resource, wildlife and hazard areas regulations.

H. The following decisions are Type V decisions which require a public hearing and decision by the hearing examiner, subject to appeal to the city council:

1. Conditional use;

2. Shoreline conditional use; provided, that supplemental procedures for shoreline decisions are provided in SMC 18.56.150;

3. Subdivision preliminary plats; provided, that supplemental procedures for subdivision approval are established in SMC Title 17;

4. Binding site plans;

5. Shoreline substantial development permits and shoreline variances; provided, that supplemental procedures for shoreline decisions are provided in SMC 18.56.150;

6. Height exception in the central business district per SMC 18.16.075.

I. The following decisions are Type VI.a decisions which require a public hearing before the hearing examiner and a decision by the city council: Amendments to the zoning map, including changes in overlay districts and shoreline environment redesignations, except those initiated by the city to implement new policies.

J. The following decisions are Type VI.b decisions which require a public hearing before the hearing examiner and a decision by the city council following review by the design commission pursuant to SMC 18.56.145: Applications for development subject to the thresholds of SMC 18.40.020(D).

K. The following decisions are Type VII decisions which require city council approval, generally after broad public participation and review by the planning commission:

1. Amendments to the zoning regulations, SMC Title 18.

2. Amendments to the comprehensive plan and subsequent policy document. (Ord. 2472 § 4, 2014: Ord. 2314 § 3, 2010; Ord. 2196 § 6, 2007; Ord. 2090 § 1, 2004: Ord. 1762 § 2 (part), 1996)

18.56.040 Preliminary site plan review.

Prior to submitting a complete application for a land use permit, an applicant for a project involving a Type II or Type III.c decision shall submit the necessary materials for preliminary site plan review, unless waived by the director. For all other land use permits, the applicant may request preliminary site plan review by city departments. The preliminary site plan review shall be conducted according to procedures established by the director. (Ord. 1762 § 2 (part), 1996)

18.56.050 Land use permit applications.

A. Applications for land use permits shall be made by the property owner, lessee, contract purchaser, or a city agency, or by an authorized agent thereof; provided, that any interested person may request to the city council that a Type VII decision be considered, or the city council may initiate such a Type VII decision.

B. All applications for land use permits shall be on forms provided by the director.

C. Applications shall be accompanied by payment of the applicable fees, if any, according to this chapter.

D. Land use permits include all components necessary for the project. An applicant at his/her discretion may choose to proceed with separate applications for each of the components associated with a project.

E. All applications shall be accompanied with appropriate drawings, plans, legal descriptions, and other information as determined necessary by the director and to satisfy the specific application requirements of the Sumner Municipal Code.

F. The following shall be required at a minimum:

1. Project application, indicating project address, legal description or parcel number, property owner name and address, proposed use of the property, project description, name and address of a single project contact person or entity to receive notices and correspondence;

2. Proof of ownership, if required;

3. Site plan showing building footprints, access areas, parking locations and dimensions, landscape areas, street locations, and other information necessary for a specific permit. For additional requirements for a shoreline permit application see SMC 18.56.150;

4. Architectural drawings when a structure is proposed, showing elevations and floor plans; and

5. If applicable, completed and signed environmental checklist, including responses to all questions and describing the nature of potential impacts, or reasons why there would not be impacts as well as supplying specific mitigation where necessary.

G. The timing of application submittals and review is governed by SMC 18.56.185, Timing of land use decisions.

H. Within 28 days of receiving a land use permit application, the director shall determine if the application is complete and mail a written request for corrections if the application is incomplete. If the director does not provide a written determination within the 28 days, the application shall be deemed complete by 5:00 p.m. of the twenty-eighth day. If additional information is needed to make the application complete, the applicant shall provide the information within 60 days of the written request. Within 14 days after an applicant has submitted the information requested, the director shall notify the applicant whether the application is complete or what additional information is necessary. An application is complete for purposes of this section when it meets the submittal requirements established by the director in subsection E of this section, and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the director from requesting additional information or studies either at the time of the notice of completeness or, subsequently, if new information is required to complete review of the application or substantial changes in the permit applications are proposed. A determination under this section that an application is complete for purposes of continued processing is not a determination that the application is vested.

I. An application may be deemed abandoned and void if the applicant has failed without reasonable justification to supply all required data within 60 days of a written request for it; provided, that the director may extend the period for such submission if it is determined that the delay was not the fault of the applicant or a good faith effort is being made to comply with the request. (Ord. 2090 § 2, 2004: Ord. 1762 § 2 (part), 1996)

18.56.060 Fees.

A. Unless otherwise noted, all applicable fees for land use permits and components shall be paid at the time of application. Sign permit fees shall be paid at the time of permit issuance.

B. The following fees shall be paid by any applicant for a land use permit based on the requested land use decisions:

Additional published notice:

$120

Binding site plan:

$2,500

Change in zoning map:

$3,000

Comprehensive plan amendment:

$2,600

Conditional use:

$1,100

Full subdivision – Preliminary plat:

$2,500

Full subdivision – Final plat:

$1,000

Land use review –

 

Permits less than $200,000:

$30

Permits $200,000 – $1,000,000:

$150

Permits over $1,000,000:

$250

Lot line adjustment:

$185

Planned community:

$3,000

Nonexempt Resource, Wildlife and Hazard Area Approvals

Wetland projects involving public notice:

$250

Nonexempt projects involving:

 

–    Nonincidental grading < 100 cy;

 

–    Single-family residence by owner;

 

–    Public facilities;

 

–    Commercial use < 4,000 sq. ft.:

$30

Nonexempt projects involving:

 

–    Nonincidental grading or other; permanent fill 100 – 5,000 cu;

 

–    Single-family residence;

 

–    Commercial use 4,000 – 12,000 sq. ft.;

 

–    Industrial use < 12,000 sq. ft.;

 

–    Short subdivision exempt from SEPA:

$100

Nonexempt projects involving:

 

–    Grading > 5,000 cy;

 

–    Commercial use > 12,000 sq. ft.;

 

–    Industrial use > 12,000 sq. ft.;

$210

SEPA review (DNS) – minor projects:

$400

SEPA review (DNS) – major projects:

$1,200

Shoreline revision:

$240

Shoreline substantial development permit:

$2,600

Shoreline variance or conditional use with development permit:

$220

Shoreline variance or conditional use without development permit:

$2,800

Short subdivision:

$600

Special exception:

$500

Street vacation:

$650 plus land costs

Temporary uses:

See land use review

Time extension by hearing examiner or council:

$250

Urban village wetlands delineation:

See subsection J

Variance:

$400

Zoning code interpretation:

$185

Zoning code interpretation appeal:

$615

Zoning code text amendment:

$1,000

C. For purposes of this section, “minor project” shall be defined as less than 500 cubic yards of nonincidental grading, less than 6,000 square feet of commercial or industrial use, public facilities, fewer than five residential units, subdivisions of less than 10 lots, and all other projects of similar scope.

D. For purposes of this section, “major projects” shall be defined as greater than or equal to 500 cubic yards of nonincidental grading, greater than or equal to 6,000 square feet of commercial or industrial use, subdivisions of 10 or more lots, five or more residential units, and all other projects of similar scope.

E. Sign permit fees shall be as established in SMC 18.44.320.

F. The fees for an environmental impact statement shall be based on the costs of preparation of the document, plus 20 percent of the preparation costs to cover the costs of staff time, notice and other city costs. Any costs associated with an appeal of an environmental impact statement shall be borne by the permit applicant.

G. In addition to the above fees, if the director determines that studies or review by a consultant with expertise is required to complete the review of a proposed development, then the city shall bill such costs and expenses directly to the applicant. The director shall advise the applicant of the projected costs of the project prior to actual preparation. The city shall require the applicant to post a bond, deposit cash or otherwise ensure payment of the project costs. Such consultant shall be selected by mutual agreement of the city and the applicant after a call for proposals.

H. The director may issue a refund up to 50 percent of the application fee if the application is withdrawn in writing prior to any work being done on the review of the permit.

I. For purposes of this chapter, a land use review fee shall be charged whenever a land use permit results in any of the following:

1. Establishment of a new principal use which was not the subject of a conditional use approval;

2. Change of a principal use;

3. A nonincidental expansion of a commercial or industrial building;

4. An increase to a multifamily structure which increases the number of units; or

5. Establishment of an accessory dwelling unit.

J. Urban village delineation fees in the amount of $300.00 for each lot which was included in the wetlands study titled “Sumner Urban Village Wetland Delineation Report – April 11, 1995” shall be paid at the time any such parcel obtains a land use permit of any type. Such payment shall be made only once. (Ord. 2019 § 1, 2002: Ord. 1762 § 2 (part), 1996)

18.56.070 Public notice.

A. When a land use permit application requiring a Type II, IV, V, VI.a and VI.b decision is submitted, the director shall provide notice of application and an opportunity for public comment as described in this section. No notice or public comment period shall be required for Type I, III.a, III.b, or III.c decisions. Notice for Type VII permits shall be appropriate for applicable legislative process. In addition to the notice requirements in this section, the director may require any other manner of public notice deemed appropriate to accomplish the objectives of reasonable notice to the adjacent landowners and the public.

B. Types of Notice. The following classes of notice shall be provided for the appropriate type of decision:

1. Class A notice includes the following:

a. Publication using two electronic methods, as established by the director, at least 15 days prior to the hearing or close of the comment period. Such notice need only include project identification number, project description, nature of the requested approval, applicant name, time and location of hearing, if applicable, deadline for submitting comments, project location, and instructions for additional information;

b. Posting of notice at public information centers and the city’s official website at least 15 days prior to the hearing or close of the comment period;

c. Mailing notice to other local, state, regional, and federal jurisdictions and agencies which to the knowledge of the director have jurisdiction over the project;

d. Posting on-site; and

e. Mailed notice.

2. Class B notice includes the following:

a. Publication using two electronic methods, established by the director, providing at least 10 days for public comment;

b. Posting on site;

c. Posting of notice at public information centers and on the city’s official website; and

d. Mailed notice.

3. Class C notice shall include the following:

a. Publication of the notice using two electronic methods, established by the director;

b. Publication in the SEPA register and filing with the SEPA public information center;

c. Mailing notice to persons previously submitting substantive comments on the proposal; and

d. Posting of notice at public information centers and on the city’s official website.

4. Class D notice shall include the following at least 10 days prior to the hearing, except that when the notice of application and the notice of an open record predecision hearing are simultaneous, at least 15 days’ notice shall be provided:

a. Publication using two electronic methods, established by the director;

b. Mailed notice;

c. Posting of the notice for comment at public information centers and on the city’s official website;

d. Posting on site; and

e. Mailing notice to persons previously submitting substantive comments on the proposal.

5. Class E notice shall include the following:

a. Publication once a week for two consecutive weeks, on the same day of the week, using two electronic methods, established by the director, at least 30 days prior to the hearing;

b. Posting on-site notice of the hearing at least 30 days prior to the hearing and at a minimum of two locations within 300 feet of the project location;

c. For shoreline variances notice shall be sent to the U.S. Fish and Wildlife Service and the National Marine Fisheries Service; and

d. Mailed notice.

6. Class F notice shall include the following:

a. Mailing notice of the decision to parties of record; and

b. Sending the hearing examiner’s final order, including findings and conclusions, to the Department of Ecology and State Attorney General within five days of the final decision; and

c. Posting of the notice of decision at public information centers and on the city’s official website.

7. Class G notice shall include the following:

a. Publication using two electronic methods, established by the director, at least 10 days prior to the hearing or close of the comment period; and

b. Posting of notice at public information centers at least 10 days prior to the hearing or close of the comment period and on the city’s official website.

8. Class H notice shall include the following:

a. Publication once a week for two consecutive weeks, on the same day of the week, using two electronic methods, established by the director; and

b. Repealed by Ord. 2625.

c. Posting at public information centers and on the city’s official website.

C. “Mailed notice” means notice mailed via U.S. Mail to all property owners within 500 feet of the boundaries of a specific site, except that, in the M-1 zone, “mailed notice” means notice to all property owners within 1,000 feet of the boundaries of a specific site.

D. “Public information centers” means the Sumner City Hall and other locations as designated by the city council.

E. “Posting on site” means posting of a placard at least two feet by three feet in size on the site of the proposed project within visibility of the adjacent street. If the proposed site is adjacent to more than one street, notice shall be posted adjacent to each street. When posting on site is not feasible, the posting shall occur in reasonable proximity to the site. When the project involves an areawide proposal or is not physically possible, posting on site shall not be required.

F. “Electronic methods” means publication that is available on the internet and may be hosted by local newspapers, websites, social media and other methods that reach a wide circulation of the general public and contain formal public and legal notices and announcements. (Ord. 2625 § 1, 2018: Ord. 2472 § 5, 2014: Ord. 2369 § 1, 2012; Ord. 2304 § 1, 2009; Ord. 2090 § 3, 2004: Ord. 1762 § 2 (part), 1996)

18.56.075 Notice of application.

When an application for a land use permit containing a Type II, IV, V, or VI decision is filed, the director shall execute Class A notice within 15 days of the determination of completeness pursuant to SMC 18.56.050(G). Notice pursuant to this section shall constitute compliance with the required notice of application under RCW 36.70B.110. If an open record predecision hearing is required, additional notice may be required for said hearing. (Ord. 1762 § 2 (part), 1996)

18.56.077 Content of notice.

A. Unless otherwise noted in this chapter, notices of application pursuant to SMC 18.56.075 shall contain the following:

1. The date of application, the date of the notice of completion, and the date of the notice of application;

2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested;

3. The identification of other permits not included in the application to the extent known by the local government;

4. The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed;

5. A statement of the public comment period;

6. The date, time, place, and type of hearing, if applicable, and scheduled at the date of notice of the application;

7. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency with development regulations as provided in RCW 36.70B.040; and

8. Additional information may be required if the optional DNS process is used pursuant to SMC 16.04.080.

B. All other public notices of project hearings or comment periods shall include project identification number, project description, nature of the requested approval, applicant name, time and location of hearing, if applicable, deadline for submitting comments, project location, and instructions for additional information. (Ord. 1831 § 8, 1998; Ord. 1762 § 2 (part), 1996)

18.56.080 Scoping notice.

When a determination of significance (DS) is issued on a land use permit application, Class B notice shall be provided as established by SMC 18.56.070(C), except that the comment period shall be 21 days. Copies of the scoping notice shall be mailed as required by SMC 16.04.150. (Ord. 1762 § 2 (part), 1996)

18.56.090 Draft EIS notice.

When a draft environmental impact statement is published by the city, Class C notice of draft EIS availability shall be provided as established by SMC 18.56.070(C), except that the public comment period shall be 30 days. The director may extend the comment period to 60 days for complex projects. Copies of the draft EIS shall be distributed according to chapter 16.04 SMC. (Ord. 1762 § 2 (part), 1996)

18.56.100 Final EIS notice.

Notice of the availability of a final EIS on a proposed project shall be provided by the director according to the standards for Class C notice. Copies of the final EIS shall be distributed according to chapter 16.04 SMC. (Ord. 1762 § 2 (part), 1996)

18.56.110 Public meetings and open record predecision hearings.

A. Draft EIS. As required by chapter 16.04 SMC, SEPA procedures and policies, a public meeting shall be held by the director on all draft EISs for which the department is the lead agency. The meeting shall be no earlier than 21 days from the date the draft EIS is issued. Class D notice shall be provided for such meetings, except that notice may be integrated with notice per SMC 18.56.090.

B. Type IV, V, and VI Decisions. The open record predecision hearing before the hearing examiner for all Type IV, V, and VI decisions shall be conducted according to this chapter and the provisions of chapter 2.58 SMC, Hearing examiner. Class D notice shall be provided for such open record predecision hearings.

C. Open record meetings and hearings conducted by the city council and planning commission regarding land use decisions shall be held according to the city council’s rules for such proceedings. The city council shall provide at least Class G notice for hearings.

D. The director shall provide opportunities for consolidation of public meetings required by this chapter and any other public meetings which may be required by another local, state, regional, federal, or other agency. When this occurs, the public meetings shall be held in the city of Sumner and within agreed upon time limits between the director and the applicant as specified in RCW 36.70B.110. (Ord. 1762 § 2 (part), 1996)

18.56.120 Staff recommendations.

When a proposal involves a Type IV, V, VI.a or VI.b decision, the director shall make available to the public a staff report describing the proposal, stating the criteria for approval, giving an analysis of the proposal relative to the criteria, providing a recommendation for approval or denial, and listing recommended conditions of approval. Such recommendation shall be made available to the public at least seven days prior to the hearing and shall be mailed to the applicant. (Ord. 1762 § 2 (part), 1996)

18.56.125 Project decisions.

The director, hearing examiner, or city council shall have the authority to grant, deny, or conditionally grant approval of a land use permit based on the proposal’s compliance with the city’s development regulations. The director, hearing examiner, or city council may impose conditions in order to ensure compliance of the proposal with development regulations. (Ord. 1762 § 2 (part), 1996)

18.56.130 Staff decisions.

When a proposal involves a Type II, or any Type III decision, the director shall make available to the applicant and any person submitting substantive comments on the proposal, a staff report briefly describing the proposal, stating the criteria for approval, giving an analysis of the proposal relative to the criteria for approval, providing a decision approving, denying, or approving the proposal with conditions, as appropriate. For decisions issued pursuant to SEPA, the DS or DNS with attached conditions shall satisfy this requirement. All appealable decisions shall state the process and deadlines for appeal. (Ord. 1762 § 2 (part), 1996)

18.56.135 Notice of decisions.

A. No notice of decision shall be required for Type I decisions.

B. For Type II decisions, the director shall provide:

1. Class C notice of the decision; and

2. If the director’s decision includes a mitigated DNS or other DNS requiring a 15-day comment period pursuant to chapter 16.04 SMC, SEPA procedures and policies, the notice of decision shall include notice of the comment period. The director shall distribute copies of the DNS as required by chapter 16.04 SMC.

C. For Type III decisions, the director shall provide for:

1. Mailing notice of the decision to the applicant; and

2. Mailing notice to persons previously submitting substantive comments on the proposal.

D. For Type IV and V decisions, the director shall provide for:

1. Mailing notice of the decision to the applicant;

2. Mailing notice of the decision to persons previously submitting substantive comments on the proposal;

3. Publication of notice of decision using two electronic methods, established by the director, within seven days of the decision;

4. Posting of the notice of decision at public information centers and on the city’s official website; and

5. Mailed notice.

E. For Type VI decisions, the director shall provide for:

1. Mailing notice of the decision to the applicant;

2. Mailing notice to all persons previously submitting substantive comments on the proposal;

3. Posting of the notice of decision at public information centers and on the city’s official website; and

4. Mailed notice.

F. For Type VII decision, no notice of decision is required. (Ord. 2625 § 2, 2018: Ord. 2472 § 6, 2014: Ord. 1762 § 2 (part), 1996)

18.56.140 Design commission requested review.

A. Whenever a proposal involves a Type III.b decision, the applicant at any time prior to issuance of the building permit may request review of the proposal by the design commission.

B. Whenever review of a Type III.b decision is requested from the design commission, the director shall prepare a staff report and make such report available at least seven days prior to the meeting of the design commission. The director shall provide notice of the design commission meeting to the applicant at least 10 days prior to the meeting to discuss the proposal.

C. The meetings of the design commission for such advisory review may be noticed to the public only by posting commission agendas at public information centers and on the official city website.

D. The design commission shall provide advisory review of the proposal to the director, who may concur, modify or overturn the advice of the design commission. The director shall give substantial weight to the recommendation of the design commission.

E. Advice of the design commission shall be based on the established guidelines for such review.

F. Following review by the design commission, the director shall issue a decision on the proposal. Such decision shall be appealable to the hearing examiner only. An appeal may be filed by the applicant only. In deciding the appeal of a Type III.b decision, the hearing examiner shall be guided by the criteria for design review. (Ord. 2625 § 3 (part), 2018: Ord. 1762 § 2 (part), 1996)

18.56.145 Design commission mandatory review.

A. Whenever a proposal involves a Type III.c or VI.b decision, the proposal shall be reviewed by the design commission.

B. Whenever design commission review of a proposal is required, the director shall prepare a staff report to the commission and public and make such report available at least seven days prior to the meeting of the design commission. The director shall provide notice of the design commission meeting to the applicant at least 10 days prior to the meeting to discuss the proposal.

C. The meetings of the design commission for such review may be noticed to the public by posting commission agendas at public information centers and on the official city website. The design commission may decide to hold a public hearing or provide additional notice for a particular Type III.c or Type VI.b decision.

D. The design commission shall provide advisory review of the proposal to the director, who may concur, modify or overturn the advice of the design commission. The director shall give substantial weight to the recommendation of the design commission.

E. Advice of the design commission shall be based on the established guidelines for such review.

F. Following review by the design commission, the director shall issue a decision on the proposal. Such decision shall be appealable to the hearing examiner only. An appeal may be filed by the applicant only, except that for Type VI.b decisions, appeals may be sought by any other party with a substantial interest in the proceeding. In deciding the appeal of such a decision, the hearing examiner shall be guided by the criteria for design review.

G. For Type VI.b decisions, the review by the design commission shall precede the issuance of the staff recommendation in order to allow the decision on the design issues to be consolidated with the staff recommendation on the underlying action. (Ord. 2625 § 3 (part), 2018: Ord. 1762 § 2 (part), 1996)

18.56.147 Comprehensive plan amendments.

A. Amendments to the comprehensive plan may be proposed to any element including goals, policies, objectives, or plan maps. In some cases, amendments to the plan may necessitate and, as such, incorporate amendments to supporting documents such as capital facility plans.

B. In addition to the parties listed in SMC 18.56.050(A), amendments to the comprehensive plan may be proposed by the hearing examiner, any member of the city council, any governmental commission or committee, any neighborhood or community council or other neighborhood or special purpose group, department or office, agency, official or employee of the city of Sumner, or any other general or special purpose government.

C. By April 1st of each year, the city council shall determine whether a plan amendment cycle will be conducted during that year. Amendment cycles shall be no less frequent than every other year and no more frequent than once per year, except that amendments may be considered more frequently for the following:

1. The initial adoption of a subarea plan;

2. The adoption or amendment of a shoreline master program under procedures of chapter 90.58 RCW.

D. The director shall broadly disseminate to the public a notice giving the procedures and timeline for proposing amendments or revisions to the comprehensive plan through the execution of Class H notice. The director shall allow for a reasonable time for requests to be submitted.

E. Applications for comprehensive plan amendments shall be submitted in writing and include the following:

1. The appropriate fee, except that there shall be no charge for a request made by a city department or a majority of the city council by resolution or any governmental entity. All applicants shall be responsible for the costs of any specialized studies including, but not limited to, traffic and transportation, critical areas, and environmental impact statements associated with their request. Payment of such costs shall be consistent with SMC 18.56.060(G).

2. Responses to the following:

a. Description of the requested plan amendment;

b. An explanation of why the amendment is being proposed including specific areas needing change;

c. If appropriate, the proposed amendment should include amendatory language; and

d. An explanation of how the criteria of subsection N of this section are satisfied.

3. A mailing list per SMC 18.56.070(C).

F. A proposed amendment shall be submitted to the community development department prior to the deadline established per subsection D of this section.

G. Subsequent to the application deadline, the director shall provide recommendations concerning all proposed amendments and forward proposed amendment requests with recommendations to the planning commission. The planning commission shall decide which amendments shall be considered. Applications which are not timely, are incomplete, are substantially similar to a request which was denied in the previous cycle, or on their face do not satisfy the criteria of subsection N of this section shall not be considered.

H. The amendment shall be accompanied by the necessary documents for compliance with the State Environmental Policy Act. If an environmental impact statement is required, the preparation of the statement and plan amendments shall be integrated to the extent possible.

I. Following the completion of the public comment period for the notice of application, the director shall prepare staff report(s) evaluating the amendments selected for consideration. Staff reports shall include data, analysis, public and agency comments, and staff recommendations.

J. The planning commission shall hold at least one public hearing on the amendment(s). Class G notice shall be provided for hearings involving comprehensive plan amendments. Where an amendment to the plan map is not areawide, but is site-specific, Class D notice shall also be provided.

K. The city council shall consider the recommendations of the planning commission. The city council may hold a public hearing prior to issuing a preliminary decision on the proposed amendments.

L. Upon selection of a preliminary decision on all proposed amendments, the director shall transmit the proposed amendments to the state of Washington in accordance with chapter 36.70A RCW.

M. The city council shall adopt by ordinance amendments to the comprehensive plan after consideration of comments from the state of Washington. The city council may hold an additional public hearing(s) prior to adoption of amendments. Adopted amendments shall be transmitted to the state of Washington per chapter 36.70A RCW.

N. The following criteria shall be evaluated when considering plan amendments. Only those amendments which are found to be in substantial compliance with all criteria shall be approved.

1. An amendment is necessary to resolve inconsistencies between the Sumner comprehensive plan and other city plans or ordinances; or to resolve inconsistencies between the Sumner comprehensive plan and other jurisdictions’ plans or ordinances.

2. Conditions have so changed since the adoption of the Sumner comprehensive plan that the existing goals, policies, objectives, and/or map classifications are inappropriate.

3. The proposed amendment is consistent with the overall intent of the goals of the Sumner comprehensive plan.

4. The proposed amendment is consistent with chapter 36.70A RCW, the county-wide planning policies for Pierce County, and the applicable multicounty planning policies.

5. Where an amendment to the comprehensive plan map is proposed, the proposed designation is adjacent to property having a similar and compatible designation, or the subject property is of sufficient size, or other conditions are present.

6. Environmental impacts have been disclosed, and measures have been included to reduce possible adverse impacts.

7. Potential ramifications of the proposed amendment to other comprehensive plan elements and supporting plans have been considered and satisfactorily addressed.

O. As appropriate, where an amendment of the comprehensive plan is granted by the city council and a subsequent rezone or amendment to development regulations is required, the planning commission may consider them and make recommendations to the city council for consideration concurrent with the final approval of the comprehensive plan. (Ord. 2684 § 1, 2019: Ord. 1762 § 2 (part), 1996)

18.56.149 Zoning code text amendments.

A. Text amendments to the Sumner Municipal Code may be proposed by the parties listed in SMC 18.56.050(A), hearing examiner, any member of the city council, any governmental commission or committee, any neighborhood or community council or other neighborhood or special purpose group, department or office, agency, official or employee of the city of Sumner, or any other general or special purpose government during the established comprehensive plan amendment cycle with no fee.

B. Outside of the established amendment cycle, the fee shown in SMC 18.56.060 shall be charged when the zoning code text amendment proposal is submitted.

C. Applications for zoning code text amendments shall be submitted in writing and include the following:

1. The appropriate fee, if required, except that there shall be no charge for a request made by a city department or a majority of the city council by resolution or any governmental entity. All applicants shall be responsible for the costs of any specialized studies including, but not limited to, traffic and transportation, critical areas, and environmental impact statements associated with their request. Payment of such costs shall be consistent with SMC 18.56.060(G).

2. Responses to the following:

a. Description of the requested code amendment;

b. An explanation of why the amendment is being proposed including specific areas needing change;

c. If appropriate, the proposed amendment should include amendatory language; and

d. An explanation of how the proposed amendment implements the comprehensive plan.

D. Following the completion of the public comment period for the notice of application, the director shall prepare staff report(s) evaluating the proposed amendments. Staff reports shall include data, analysis, public and agency comments, and staff recommendations.

E. The planning commission shall hold at least one public hearing on the proposed amendment(s). Class G notice shall be provided for public hearings.

F. The city council shall consider the recommendations of the planning commission. The city council may hold a public hearing prior to issuing a preliminary decision on the proposed amendment(s). (Ord. 2684 § 2, 2019: Ord. 2019 § 2, 2002)

18.56.150 Shoreline permits, variances and conditional uses.

A. Notice of application for all shoreline substantial development permits, shoreline variances and shoreline conditional use permits shall be Class E notice. The notice of application shall describe the location of the project and include a statement that any person desiring to present their views to the hearing examiner may do so in writing within 30 days of the final electronic publication. The notice shall also provide a date when the public hearing will be held on the application and state that any person may submit oral or written comments at the hearing.

B. Notice for all shoreline substantial development permits, shoreline variances and shoreline conditional use permit final decisions shall be Class F notice.

C. Applications for a substantial development permit or shoreline conditional use permit or variance shall be in accordance with the city of Sumner adopted shoreline master program.

D. Revision to Shoreline Permits. Any revisions to a shoreline permit or permit process shall be in accordance with the city of Sumner adopted shoreline master program. (Ord. 2625 § 4, 2018: Ord. 2548 § 6, 2015: Ord. 2531 § 10, 2015: Ord. 2090 § 4, 2004: Ord. 1762 § 2 (part), 1996)

18.56.160 Administrative appeals.

A. Type I and II decisions as listed in SMC 18.56.030 are not subject to appeal.

B. Type III.a, III.b, and III.c decisions, and Type VI.b decisions related to design review of the director, as listed in SMC 18.56.030, shall be subject to an administrative open record appeal hearing to the hearing examiner only.

C. Type IV decisions of the hearing examiner, as listed in SMC 18.56.030, shall not be subject to appeal.

D. Type V decisions of the hearing examiner, as listed in SMC 18.56.030, shall be subject to a closed record appeal to the city council.

E. Type VI decisions of the city council are based on an open record predecision hearing conducted by the hearing examiner. The recommendation of the hearing examiner is subject to a request for further consideration pursuant to SMC 18.56.177.

F. Type VII decisions are decisions of the city council and are not subject to appeal.

G. Type IV and V decisions related to implementation of the shoreline master program must be appealed to the shorelines hearings board in accordance with the provisions of the Shoreline Management Act of 1971, chapter 90.58 RCW, and the rules established under its authority, chapter 173-14 WAC. (Ord. 1762 § 2 (part), 1996)

18.56.170 Hearing examiner appeals.

A decision of the director involving a Type III.a, III.b, III.c, and Type VI.b decision may be appealed to the hearing examiner subject to the following provisions:

A. Appeals shall be submitted in writing to the city clerk by 5:00 p.m. of the fifteenth calendar day following the date of the decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be in writing and shall state specific objections to the decision and the relief sought. The appeal shall be accompanied with any applicable filing fees.

B. At the hearing examiner’s initiative, or at the request of any party of record, the hearing examiner may have a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other relevant matters.

C. Notice of filing of the appeal and the date of an open record appeal hearing shall be mailed to the applicant and any persons submitting substantive comments on the proposal.

D. Appeals shall be considered de novo. The hearing examiner shall entertain only those issues cited in the written appeal which relate to compliance with the applicable appealable provisions of the municipal code.

E. The director’s decision on appeal shall be given substantial weight.

F. The decision of the hearing examiner shall be rendered within 15 days of the close of the record.

G. When a proposal before the examiner involves multiple decision components or appeals, the examiner shall strive to consolidate the hearings to the extent possible.

H. The appointment of hearing examiners, conduct of hearings, and other rules related to the hearing examiner shall be governed by chapter 2.58 SMC. (Ord. 1762 § 2 (part), 1996)

18.56.175 Hearing examiner decision – Open record predecision hearing.

Whenever a proposal involves a Type IV, V, VI.a or VI.b decision, the hearing examiner shall conduct an open record predecision hearing. In the case of Type IV and V decisions, the hearing examiner shall issue written findings and a decision. In the case of Type VI.a and VI.b decisions, the examiner shall issue written findings and a recommendation to the city council. In either case, the decision or recommendation shall be subject to the following provisions:

A. At the hearing examiner’s initiative, or at the request of any party of record, the hearing examiner may have a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other relevant matters.

B. Hearings shall be considered de novo. The record shall be based on the record established at the hearing and any other information submitted consistent with sound administrative hearing practice.

C. The staff recommendation shall not be given weight.

D. The decision or recommendation of the hearing examiner shall be rendered within 14 days of the close of the record.

E. When a proposal before the examiner involves multiple decision components or appeals, the examiner shall strive to consolidate the hearings to the extent possible.

F. The appointment of hearing examiners, conduct of hearings, and other rules related to the hearing examiner shall be governed by chapter 2.58 SMC. (Ord. 1762 § 2 (part), 1996)

18.56.177 Request for reconsideration of hearing examiner recommendation.

A. Any person substantially affected by or interested in the hearing examiner’s recommendation regarding a Type VI land use decision may submit in writing to the council a request for further consideration of the recommendation.

B. Requests for further consideration of a recommendation of the hearing examiner must be submitted in writing to the city clerk by 5:00 p.m. of the fifteenth calendar day following the date of the decision. When the last day of the period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day.

C. Requests for further consideration shall state specific objections to the hearing examiner’s recommendation and the relief sought. Requests for further consideration must include the name and address of the appellants.

D. The city clerk shall mail to all parties of record a copy of the request for reconsideration and any request to supplement the record.

E. The record established by the hearing examiner (including testimony, exhibits, comment letters, plans, staff reports, etc.) shall be the record used by council unless it is supplemented by the city council pursuant to this section. A request to supplement the record shall be made in a separate document that is attached to the request for further consideration. The request for further consideration shall not mention or refer to the material that is proposed to be added to the record. A request to supplement the record shall include a brief description of the nature of the material to be added and a separate, attached copy of the material to be added. The request to supplement the record must clearly establish that the new evidence or information to be added to the record was not available or could not have been reasonably produced at the time of the open record hearing before the hearing examiner.

F. The council may allow oral or written arguments based on the record. (Ord. 1762 § 2 (part), 1996)

18.56.180 City council closed record appeals.

A decision of the hearing examiner on a Type V decision or Type VI.b decision on a major amendment to a planned mixed-use development per SMC 18.26.100(H)(2) may be appealed to the city council subject to the following provisions:

A. Appeals shall be submitted in writing to the city clerk by 5:00 p.m. of the fifteenth calendar day following the date of the decision. When the last day of the comment period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be in writing and shall state specific objections to the decision and the relief sought. The appeal shall be accompanied with any applicable filing fees.

B. The record established by the hearing examiner (including testimony, exhibits, comment letters, plans, staff reports, etc.) shall be the record used by council unless it is supplemented by the city council pursuant to this section. A request to supplement the record shall be made in a separate document that is attached to the appeal. The appeal shall not mention or refer to the material that is proposed to be added to the record. A request to supplement the record shall include a brief description of the nature of the material to be added and a separate, attached copy of the material to be added. The request to supplement the record must clearly establish that the new evidence or information to be added to the record was not available or could not have been reasonably produced at the time of the open record hearing before the hearing examiner.

C. The council may affirm, modify, reverse the hearing examiner’s decision, remand to the hearing examiner with directions for further proceedings, or grant other appropriate relief. If the council reverses or modifies the hearing examiner’s decision, the council shall enter findings and/or conclusions to support the decision.

D. The hearing examiner’s decision on appeal shall be given substantial weight.

E. The city council shall establish rules for council appeals. (Ord. 2343 § 3, 2010: Ord. 1762 § 2 (part), 1996)

18.56.182 Appeals to the State Shoreline Hearings Board.

A. Any person aggrieved by the granting, denying, rescission, or modification of a shoreline permit may seek review from the State Shorelines Hearings Board. An appeal of a shoreline substantial development permit shall be initiated by filing an original and one copy of request for review with the Hearings Board within 21 days of the Department of Ecology’s receipt of the final decision by the city council. An appeal of a variance or conditional use permit shall be filed with the Hearings Board within 21 days of the Department of Ecology’s decision. The request for review shall be in the form required by the rules for practice and procedure before the Shorelines Hearings Board. The person seeking review shall also file a copy of the request for review with the State Department of Ecology and the Attorney General.

B. The city of Sumner or the Department of Ecology decision on revision to a shoreline permit may be appealed within 21 days of such decision, in accordance with WAC 173-27-190. Construction allowed by the revised shoreline permit that is not authorized under the original permit is undertaken at the applicant’s own risk until the expiration of the appeals deadline. (Ord. 2090 § 5, 2004)

18.56.183 City council Type VII decisions.

When considering a Type VII decision, the city council or planning commission may establish additional advisory committees or task forces to make recommendations and provide input. (Ord. 1762 § 2 (part), 1996)

18.56.185 Timing of land use decisions.

A. When a project involves compliance with the State Environmental Policy Act, the city shall complete its review of applications received, and make threshold determinations as follows:

1. A SEPA checklist will not commence processing nor be accepted as complete until the SEPA responsible official provides, in writing, certification of completeness and acceptance of the SEPA checklist. This certification will be accomplished through transmittal of a form signed by the responsible official.

2. If after review of the SEPA checklist it is determined that there is insufficient information to make a threshold determination, additional information will be required using any one of the following actions in accordance with WAC 197-11-335:

a. The applicant will provide more information on subjects in the checklist.

b. The city makes its own further study.

c. The city will consult with other agencies, requesting information on the proposal’s potential impacts which lie within other agency’s jurisdiction or expertise.

3. The certificate of SEPA checklist completeness, or a request for further information by the responsible official, will be mailed to the project applicant within 15 calendar days of submittal.

4. The responsible official shall make a threshold determination within 90 days after the applicant and supporting documents are complete.

a. The applicant may request in writing an additional 30 days for the threshold determination.

B. The time required to prepare an environmental impact statement associated with a land use permit application shall be agreed to by the director and applicant in writing.

C. Except as otherwise provided in this section or otherwise agreed to by the applicant, notice of final decision for land use decisions on applications filed on or after April 1, 1996, shall be made within 120 days after the local government notifies the applicant that the application is complete. In determining the number of days that have elapsed after the notice of complete application, consistent with RCW 36.70B.090, periods for pending plan corrections, environmental impact statement preparation, and submission of additional information, and administrative appeals shall be excluded. Pursuant to RCW 36.70B.140, the following exclusions shall also apply to these time requirements:

1. Type VI decisions where the director shall issue his or her decision within 120 days and the hearing examiner shall issue his or her decision within 90 days of the issuance of the director’s decision as that time is calculated in RCW 36.70B.140.

2. Type VII decisions where there shall be no time limit. (Ord. 1762 § 2 (part), 1996)

18.56.190 Vesting of development rights.

A. Applications for all land use permit components, except subdivisions, shall vest to the zoning code and land use control ordinances in effect at the time a fully complete building permit application substantially based on the subject land use permit is filed, or on the date of the decision on the subject application, if the decision can be appealed, or prior to the date of the director’s decision if no appeal is available.

B. An application for approval of a full subdivision or short subdivision of land shall be considered under the land use code and other land use control ordinances in effect on the land when a fully completed land use permit application for such approval which satisfied the requirements for such application is submitted to the director. (Ord. 1762 § 2 (part), 1996)

18.56.200 Permit issuance.

When a land use permit is approved for issuance, the applicant shall be so notified. Land use permits which are not subject to appeal shall be approved for issuance at the time of the director’s decision that the application conforms to all applicable laws. A land use permit which includes appealable decisions shall be approved for issuance on the day following expiration of the applicable appeal period or, if appealed, on the fourth day following a final appeal decision to grant or conditionally grant the permit. Land use permits shall not be issued until all outstanding fees are paid. (Ord. 1762 § 2 (part), 1996)

18.56.210 Filing and recording requirements.

The applicant for the proposals listed below shall be responsible for recording the necessary documents with the county. All recording costs shall be borne by the applicant. Failure to record the necessary documents within 120 days of approval shall render the approval void.

A. Short subdivision;

B. Full subdivision;

C. Lot line adjustment;

D. Binding site plan. (Ord. 1762 § 2 (part), 1996)

18.56.220 Expiration and renewal of permits.

A. Expiration.

1. A land use permit shall expire 18 months from the date a permit is approved for issuance as described in SMC 18.56.200, except as follows:

a. Expiration of the shoreline components shall be governed by SMC 18.56.240.

b. Expiration of subdivisions shall be governed by SMC 17.16.160.

2. At the end of the 18-month term, land use permits shall expire unless:

a. A building permit is issued before the end of the 18-month term, or a completed application for a building permit meeting the requirements of the Sumner building code, which is subsequently issued, is submitted at least 60 days before the end of the 18-month term. In such cases, the land use permit shall be extended for the same term as the building permit is issued. If a building permit is issued and renewed within the original 18-month term of a land use permit, the land use permit shall be extended in the same manner; or

b. For projects which do not require a building permit, the use has been established prior to the expiration date of the land use permit and is not terminated by abandonment or otherwise. In such cases, the land use permit shall not expire; or

c. The land use permit is extended pursuant to subsection (A)(3) of this section; or

d. The land use permit is renewed as provided in subsection B of this section.

3. When a building permit is issued and construction is substantially underway and progressing at a satisfactory rate prior to the expiration of a land use permit, the land use permit shall automatically be extended for the life of the building permit and no land use permit renewal shall be required.

B. Renewal.

1. The director shall renew land use permits for projects which are in conformance with applicable regulations, including land use and environmental regulations, and SEPA policies in effect at the time renewal is sought. The director shall not renew land use permits for projects which are not in conformance with applicable regulations, including land use and environmental regulations, or SEPA policies in effect at the time renewal is sought.

2. If a building permit has been issued for a project, any subsequent land use permit renewals as permitted by this section shall be concurrent with and for the same term as renewal of the building permit.

3. If no building permit has been issued, land use permit renewals shall be for a period of one year. In no case shall a land use permit be renewed beyond a period of five years from the original date of permit issuance without an issued building permit.

4. Such decisions to renew a land use permit shall be Type III.a decisions and subject to appeal by the applicant to the hearing examiner. (Ord. 2090 § 6, 2004; Ord. 1762 § 2 (part), 1996)

18.56.230 Suspension and revocation of permits.

A. A land use permit may be revoked or suspended by the director if any of the following conditions are found:

1. The permittee has developed the site in a manner not authorized by the permit; or

2. The permittee has not complied with the conditions of the permit; or

3. The permittee has secured the permit with false or misleading information; or

4. The permit was issued in violation of city ordinances.

B. Whenever the director determines upon inspection of the site that there are grounds for suspending or revoking a permit, the director may order the work stopped. A written stop work order shall be served on the person(s) doing or causing the work to be done. All work shall then be stopped until the director finds that the violations and deficiencies have been rectified.

C. The procedures for appealing a suspension or revocation of a land use permit component shall be as follows:

1. Persons who receive notice of a suspension or revocation of a permit under subsection B above may appeal the order to the hearing examiner. Appeals shall be filed with the city clerk by 5:00 p.m. of the fifteenth calendar day following service of the notice. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or city holiday, the appeal period shall run until 5:00 p.m. on the next business day. (Ord. 1762 § 2 (part), 1996)

18.56.240 Time requirements for shoreline permits.

The city of Sumner may issue shoreline permits with termination dates of up to five years. If a permit does not specify a termination date, the following requirements apply, consistent with chapter 173-27 WAC:

A. Time Limit for Substantial Progress. Construction, or substantial progress toward completion, must begin within two years after approval of the permits.

B. Extension for Substantial Progress. The city of Sumner may, at its discretion, with prior notice to parties of record and the Department of Ecology, extend the two-year time period for the substantial progress for a reasonable time up to one year based on factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction.

C. Five-Year Permit Authorization. If construction has not been completed within five years of approval by the city of Sumner, the city will review the permit and, upon showing of good cause, either extend the permit for one year, or terminate the permit. Prior to the city authorizing any permit extensions, it shall notify any parties of record and the Department of Ecology. Note: Only one single extension is permitted. (Ord. 2090 § 7, 2004)

Exhibit 18.56.020A

Land Use Decision Framework

(The term “nonappealable” refers to the status of an administrative appeal as contrasted to a judicial appeal which remains an option in all cases.)

Type I

(Nonappealable staff decisions)

·

Uses permitted outright

·

Temporary uses in permitted zones

·

Lot line adjustments

·

Manufactured home for resident during construction of single-family residence

·

Temporary structure containing office and retail uses during the life of a building permit

·

Minor revisions to an approved preliminary plat

·

Resource, wildlife, hazard area determinations

 

 

Type II

(Comment period followed by staff decision with no appeal)

·

Determination of significance (DS)

·

Determination of nonsignificance (DNS)

·

SEPA conditions

·

Certain wetland determinations according to SMC 16.46.130

 

 

Type III.a

(No notice staff decision appealable to hearing examiner)

·

Short subdivisions

·

Permit revocation/suspension

·

RWHA approvals

·

Permit renewal

·

Code interpretation

·

Caretaker’s quarters

·

Continuing care quarters

·

Final subdivisions

 

 

Type III.b

(Voluntary design commission review and hearing examiner appeal of staff decision. No council appeal)

·

Signs

·

Minor exterior renovations

·

Accessory units in residential zones

·

Minor permit amendments

 

 

Type III.c

(Mandatory design commission review and hearing examiner appeal of staff decision. No council appeal)

·

Multifamily

·

New commercial

·

Construction in neighborhood centers

·

Industrial parks

 

 

Type IV

(Public notice and hearing examiner decision. No council appeal)

·

Variances

·

Shoreline variance1

·

Shoreline substantial development permit1

·

Special exception

·

Reasonable use exception

 

 

Type V

(Public notice and hearing examiner decision with council appeal)

·

Conditional uses

·

Shoreline conditional uses1

·

Preliminary subdivisions

·

Binding site plans

 

 

Type VI.a

(Public notice and hearing examiner recommendation. City council decision)

·

Zoning map amendment

 

 

Type VI.b

(Public notice, design commission review, hearing examiner recommendation and city council decision)

·

Planned community

 

 

Type VII

(City council legislative decision following broad public notice and planning commission recommendation)

·

Zoning code text amendment

·

Comprehensive plan amendment

1. Shoreline substantial development permits, variances and conditional uses have additional requirements to comply with the State Shoreline Management Act.

(Ord. 1762 § 2 (part), 1996: Ord. 1694 § 1, 1995)

Exhibit 18.56.020B

Exhibit 18.56.020C

Exhibit 18.56.020D

Exhibit 18.56.020E

Exhibit 18.56.020F

Exhibit 18.56.020G

Exhibit 18.56.020H

Exhibit 18.56.020I

Exhibit 18.56.020J

Exhibit 18.56.020K


1

Prior legislation: Ords. 1694, 1739 and 1749, repealed by Ord. 1762.