A.

Type 1 decisions shall be made by the town department or officer specified by ordinance.

B.

Type 1 decisions shall not be subject to administrative appeal and may be appealed only to Superior Court pursuant to RCW 36.70C, unless otherwise specified by ordinance.

(Ord. 541 § 1 (part), 1999)

A.

All Type 2 decisions shall be made by the town planner, or in appropriate cases, the short plat committee, pursuant to the procedures set forth in DMC Chapter 17.104.

B.

Type 2 decisions s shall be final unless appealed to the board of adjustment, the planning commission, or city council as specified in DMC Section 17.104.010.

C.

All appeals of Type 2 decisions other than appeals of shoreline substantial development permits shall be filed with the department, which shall coordinate scheduling of the appeal hearing with the appropriate appeal hearing body.

D.

Appeal of a shoreline substantial development permit shall be to the state shoreline hearings board pursuant to RCW 90.58.

E.

In the event that a project involves more than one Type 2 decision appealable to different bodies and no Type 3, 4 or 5 decision, all appeals shall be consolidated in the following sequence:

1.

If an appeal to the city council is involved, all appeals of Type 2 decisions shall be consolidated before the city council.

2.

If no appeal to the city council is involved, all appeals of Type 2 decision shall be consolidated before the planning commission.

F.

All appeals of Type 2 decisions shall be open record appeals, processed pursuant to the time limits and other procedures for such appeals specified in DMC Chapter 17.116.

G.

Following an open record appeal hearing on a Type 2 decision, the hearing body shall render a written decision, including findings of fact and conclusions, and the department shall promptly issue a notice of decision pursuant to DMC Section 17.104.170.

H.

The decisions of the board of adjustment, the planning commission and the city council regarding Type 2 decisions shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C.

(Ord. 541 § 1 (part), 1999)

A.

Type 3 decisions shall be made by the board of adjustment following an open record public hearing. Such public hearing shall be conducted in accordance with the procedures for open record public hearings specified in DMC Chapter 17.112.

B.

Following a public hearing on a Type 3 decision, the hearing body shall render a written decision, including findings of fact and conclusions, and the department shall promptly issue a notice of decision pursuant to DMC Section 17.104.170.

C.

The decision of the board of adjustment shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C.

(Ord. 541 § 1 (part), 1999)

A.

Type 4 decisions shall be made by the board of architectural review or planning commission, as appropriate, following an open record public hearing.

B.

Type 4 decisions by the board of architectural review or planning commission, except shoreline conditional use permits, shall be final unless an appeal is filed to the city council pursuant to DMC Ch. 17.116.

C.

Following a public hearing on a Type 4 decisions, the board of architectural review or planning commission shall render a written decision, including findings of fact and conclusions, and the department shall promptly issue a notice of decision pursuant to DMC Section 17.104.170.

D.

All appeals of Type 4 decisions shall be filed with the department within the time limits specified in DMC Section 17.116.010, except shoreline conditional use permits, which shall be appealable only to the state shoreline hearings board pursuant to RCW 90.58. The department shall coordinate scheduling of any town appeal hearing with the city council.

E.

All appeals of Type 4 decisions except shoreline conditional use permits, shall be closed record appeals, processed pursuant to the time limits for such appeals specified in DMC Section 17.104.130.

F.

Following a closed record appeal hearing on a Type 4 decision, the city council shall render a written decision, including findings of fact and conclusions, and the department shall promptly issue a revised notice of decision pursuant to DMC Section 17.104.170.

G.

The decision of the city council regarding a Type 4 decision shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C.

(Ord. 541 § 1 (part), 1999)

A.

All Type 5 decisions shall be made by the city council following an open record public hearing held by the planning commission. Such public hearing shall be conducted in accordance with the procedures for open record public hearings specified in DMC Ch. 18.112.

B.

Following a public hearing on a Type 5 decision, the planning commission shall render a written decision, including findings of fact and conclusions, and pass its recommendation on to the city council for final action. The planning commission recommendation shall be for approval, approval with conditions or denial of the request for action.

C.

The department shall forward the findings and recommendations of the planning commission to the city council at their next regularly scheduled meeting.

D.

In rendering a decision on a request for action, the city council shall take into account the testimony presented at the public hearing, comments submitted by outside agencies and the recommendations of the planning commission.

E.

Following the decision of the city council, the department shall promptly issue a notice of decision pursuant to DMC Section 17.104.170.

F.

The decision of the city council regarding a Type 5 decision shall be final and shall be appealable only to the Superior Court pursuant to RCW 36.70C.

(Ord. 541 § 1 (part), 1999)

The procedures set forth in DMC Chs. 17.104 through 17.116 shall not be applicable to the adoption or amendment of any comprehensive plan or sub-area plan, or to area wide rezoning processes, area wide shoreline redesignation processes, street vacations, or other legislative decisions.

(Ord. 541 § 1 (part), 1999)

If a request for action is denied, an applicant may submit another application no sooner than one hundred twenty calendar days after the date of such denial. Any such new application may not be submitted in the same form as that which was denied. The applicant bares the burden of demonstrating that any new application is substantially different than the one, which was denied.

(Ord. 541 § 1 (part), 1999)