Lakewood City Zoning Code
18A.20 Administration
18A.20.005 Definitions.
See LMC 18A.10.180 for definitions relevant to this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.010 Applications.
The Director shall provide application forms for amendments to the comprehensive plan and the development code and all project permit applications to be used for all matters which may come before the Department, Hearing Examiner, Planning Commission and City Council. The Department will prepare and prescribe the type of information to be provided in the application or petition by the applicant. No application shall be deemed complete unless it complies with such requirements and payment of applicable fees.
Applications shall be submitted through the City’s online permitting system. An applicant may request to be exempt from electronic submission by providing the Director with a written request for accommodations pursuant to the provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 through 12231), Chapter 49.60 RCW, and other similar local, state, and federal laws. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.015 Preapplication conferences and application assistance.
The Department may assist the public in interpreting and applying the LMC to proposals. Assistance may be subject to applicable fees in the adopted fee schedule available on the Department’s website. Requests for preapplication conferences and/or staff consultations must be submitted on a completed form provided by the Department with all information required and payment of fees. Failure to provide all pertinent information may prevent the Department from identifying applicable requirements or otherwise providing the most effective assistance to applicants.
A. Preapplication Meeting. The purpose of the preapplication conference is to acquaint the applicant with the technical and procedural requirements of the code, including applicable elements of the comprehensive plan. It is not possible for the Department to provide an exhaustive review of all potential issues with a proposal at a preapplication conference. Nor shall the City be bound by the Department’s discussion at the preapplication conference. The Department may suspend or revoke a permit under the provisions of the code whenever the permit is issued in error or based on or in reliance on information that is incorrect, inaccurate, or incomplete, or when the permit violates or permits a violation of any law.
Preapplication conferences are optional but encouraged for all permit types described in LMC 18A.20.080.The Department shall provide a written summary of the project proposal and the code requirements applicable to the proposal.
B. Staff Consultations. Applicants may request an informal meeting to discuss project feasibility, technical and procedural requirements and/or applications under review. Fees associated with a staff consultation shall be in accordance with the adopted fee schedule. [Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.020 Application fees.
A. Payment. Application fees are established by the City and shall be paid to the Department upon the filing of any application or petition. An application shall not be deemed complete nor go under review without payment of applicable fees.
B. Official Fee Schedule. Fees for the review and processing of applications or permits pursuant to this title shall be identified on the official fee schedule for the City, adopted by the City Council. The permit fee schedule shall be made available on the Department’s website. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.030 Complete application.
A. Application submittals shall specify the content required in LMC 18A.20.010. The Department Director or their designee shall review applications for completeness prior to acceptance and commencing review. An application shall be considered complete, unless otherwise determined by the Department, when it contains the following:
1. Signatures for legally authorized agent and landowner.
2. Engineer of record and contractor, if required.
3. Parcel Identification. Required documents, plans, site plans and application forms signed by the applicant.
4. Detailed description of the proposed project and existing easements.
5. Related studies and reports associated with the project application.
6. For all land division actions, alterations or adjustments to existing land divisions, a completed land survey of the perimeter of the site per the application requirements of LMC Title 17, Subdivisions.
7. A completed State Environmental Policy Act checklist, if required.
8. Payment of all applicable fees in accordance with LMC 18A.20.020. In the event of insufficient funds, the application submittal shall expire.
B. Applications for interior alterations shall not require a site plan in accordance with Chapter 36.70B RCW; provided, that the interior alterations do not result in the following:
1. Alteration of existing egress points from the facility/structure.
2. Additional dwelling unit, sleeping quarters or bedrooms.
3. Nonconformity with Federal Emergency Management Agency substantial improvement thresholds.
4. Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.
5. Any change of use that requires changes to the existing site layout or building footprint.
6. Frontage or site development improvements.
Pursuant to LMC Title 15, Buildings and Construction, nothing in this section exempts interior alterations from applicable building, plumbing, mechanical, fire or electrical codes. [Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.040 Consolidated review.
Pursuant to RCW 36.70B.060 and 36.70B.120, an applicant may request in writing to the Department Director to consolidate all project-related permit applications related to the same proposal as part of an integrated process. Following Director approval, such request shall be granted upon submission of all complete applications and payment of fees pursuant to LMC 18A.20.050. Upon determination of application completeness, all consolidated applications shall be processed as one (1) application with the final decision by the appropriate decision authority noted in LMC 18A.20.080. The time period for a final decision shall be the longest of the application permit time periods as established in LMC 18A.20.050(D).
To the extent possible, SEPA review, if applicable, shall be combined and integrated in the project application review. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.050 Determination of completeness, notice and time periods.
A. Determination of Complete Application. An application shall be deemed complete by the Department when it meets the minimum technical submission requirements in LMC 18A.20.030. Once deemed complete, the Department reserves the right to request additional information and condition a project as part of the application review process to ensure compliance with applicable development regulations.
B. Notice of Completeness. The Department shall provide a written notice within twenty-eight (28) calendar days of the date of receipt of any application submittal stating whether the application is complete or incomplete in conformance to the LMC. To the extent known, the Department shall identify any other governmental agencies known to have jurisdiction over the proposal.
If an application is incomplete, the Department shall provide written notice to the applicant of any deficiencies pursuant to subsection C of this section.
In accordance with RCW 36.70B.070, if the Department fails to provide notice that an application is incomplete, the application shall be deemed technically complete on the twenty-ninth day after submittal and, upon payment of applicable fees, the Department must review the application. The Department may request additional information and/or condition a project permit to ensure compliance with applicable development regulations pursuant to RCW 36.70B.070.
C. Incomplete Application. When an application is determined to be incomplete, the Department shall identify, in writing, the specific information necessary to constitute a complete application.
1. Any information necessary to complete or to supplement an application must be submitted within ninety (90) calendar days of the date of the notice describing such deficiency. If the applicant does not submit the required information within a ninety (90) day period, the project permit application shall automatically expire.
2. Prior to the expiration date, the applicant may request, in writing, to the Department, an extension to provide the required information. The Department may grant one (1) additional ninety (90) calendar day extension if it is determined that the required studies or information warrants more time.
3. Within fourteen (14) calendar days after an applicant has submitted to the Department all additional information identified as being necessary for a complete application, the Department shall notify the applicant whether the application is complete or what additional information is necessary. If additional information is necessary, the applicant shall submit the required information within a ninety (90) calendar day period. No additional extensions will be granted.
D. Review Types and Time Period. The review and processing of project permit applications shall result in a decision being rendered within time limits set forth below.
1. Type I. Type I permit decisions are projects reviewed administratively which do not require public notice or a public hearing. The time period for issuing a final decision is sixty-five (65) calendar days. The appropriate decision authority may approve, approve with conditions, deny or modify.
2. Type II. Type II permit decisions are projects reviewed administratively which do require a public notice but do not require a public hearing. The time period for issuing a final decision is one hundred (100) calendar days. The appropriate decision authority may approve, approve with conditions, deny or modify.
3. Type III. Type III permits are projects which require both a public notice and hearing. The time period for issuing a final decision is one hundred seventy (170) calendar days. The appropriate decision authority may approve, approve with conditions, deny or modify.
4. Type IV. Type IV are not project permits. Type IV decisions are administrative clarifications not subject to a public notice, public hearing or permit review timelines established in Chapter 36.70B RCW.
5. Type V. Type V permits are legislative actions relating to the Lakewood comprehensive plan, subarea plans, development regulations and the Shoreline Master Program. Public notice and public hearings before the Lakewood Planning Commission and City Council may be required in state laws and agency rulemaking. The responsibilities for review, processing and associated time periods are established in Chapters 36.70A, 43.21, and 90.58 RCW and Chapter 18A.30 LMC, Article I. Type V decisions are not subject to permit review timelines established in Chapter 36.70B RCW.
E. Notice of Delayed Decision. If the Department is unable to issue its final decision within the time periods listed for Type I, II and III permits, the Department shall provide written notice to the applicant. The notice shall include a statement of reasons why the time has not been met and an estimated date for issuance of a final decision.
F. Complete Applications Requiring Responses to Corrections or Additional Information. When a complete application requires corrections or additional information, the Department shall identify, in writing, the specific correction or information necessary to continue review.
1. When corrections or additional information is required, the applicant shall have ninety (90) calendar days from the date of the written notification to submit all required corrections or information to the Department. If the applicant does not submit all required corrections or information within the ninety (90) day period, the project permit application shall automatically expire.
2. Prior to the expiration date, the applicant may request, in writing, an extension to provide the required information. The Director may grant up to two (2) ninety (90) day extensions if it is determined that the required information warrants additional time.
3. The Director may provide extensions beyond the two (2) ninety (90) day extensions when such extension is necessary to accommodate review or comment by another local, state or federal agency or private or public utility district/provider (collectively, “agency”).
4. If the agency is reviewing the project, the extension must be supported by the agency, must be the minimum needed by the agency for review, the agency must indicate that all necessary materials have been provided for its respective review, and the agency must provide a date by which it will complete its review.
5. If the agency is nonresponsive to an applicant’s need for additional information or corrections, the Department shall, in consultation with the applicant, temporarily waive the expiration deadline and associated review time period or, in the event of minor information or corrections needed, defer the information or correction to a subsequent and related project permit application.
6. Applications that expire shall be held for sixty (60) calendar days; after that time, they shall be voided. The Department Director shall have the discretion to refund fees paid on expired applications in accordance with the Department’s adopted permit fees.
7. If a project for which an application has been submitted becomes the subject of formal mediation or arbitration, an additional extension to the time frame may be requested and granted. The time frame for decision shall consider the date of conclusion of mediation or arbitration.
8. Expired applications will not be further processed and reviewed.
G. Time Period Exemptions. The time periods for issuing a decision on complete applications do not include:
1. The time in which the Department determines whether the application is deemed complete.
2. Type I and Type II approvals categorically exempt from SEPA or for which environmental review has been completed in connection with another project.
3. Time periods to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of application completeness in this section.
4. Any period during which the applicant has been requested by the Department to correct plans, perform studies or provide additional information requested by the Department.
5. If the Department determines that additional information submitted by the applicant under this title is insufficient, the Department shall notify the applicant of the deficiencies and the procedures shall apply as if a new request for information has been made.
6. Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
7. Any extension of time mutually agreed upon by the applicant and the Department. Requests to suspend review will be afforded six (6) months to restart review before an application is deemed abandoned and expired. An application expired due to suspension can be reactivated if still within the same code cycle.
8. The time required to prepare and issue an environmental impact statement (EIS) in accordance with the State Environmental Policy Act.
9. Public agency capital projects.
10. The application is to rectify a code violation.
11. In the event of an emergency which is declared by federal, state or local authorities.
12. Requires a comprehensive plan, subarea plan, Shoreline Master Program or development regulation amendment.
13. Building permit applications.
14. Construction/site development and rights-of-way applications.
15. Shoreline permits requiring final decision by the Washington State Department of Ecology or other federal or state agency.
16. A variance, exception or adjustment to minimum standards as required under the LMC.
17. Certificate of appropriateness as outlined in Chapter 2.48 LMC.
18. Multifamily tax exemption as outlined in Chapter 3.64 LMC.
H. The City shall submit an annual application timeline performance report(s) in accordance with RCW 36.70B.080. [Ord. 833 § 2 (Exh. A), 2025; Ord. 820 § 3 (Att. B), 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 789 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.060 Project application revisions.
A. If the Director determines the content of a complete application is so substantially revised by an applicant, either voluntarily or to conform with applicable standards and requirements, that such revised proposal constitutes a substantially different proposal than that originally deemed complete, the Director shall deem the revised proposal to be a new application and associated time periods set forth in LMC 18A.20.050 shall restart. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such complete substantial revision.
B. In reaching a decision whether a revision is substantial, the Director shall consider the relative and absolute magnitude of the revision, the environmental sensitivity of the site, any changes in location of significant elements of the project and their relation to public facilities, surrounding lands and land uses and the stage of review of the proposal. Lesser revisions that would not constitute substantial revisions during early stages of review may be substantial during later stages due to the reduced time and opportunity remaining for interested parties to review and comment upon such changes. Written notice of such determination of substantial revision shall be provided to the applicant and all parties of record. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.070 Approval and appeal authorities.
Repealed by Ord. 820. [Ord. 794 § 2 (Exh. A), 2023; Ord. 789 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.080 Review and approval authorities.
The following table and generalized flowchart describe permit types, the process and the final decision authorities. See LMC 18A.20.400 et seq. for appeals. When separate applications are consolidated at the applicant’s request and approved by the Department Director, the final decision shall be rendered by the highest authority designated for any part of the consolidated application.
If the following table does not specify how to process a major or minor amendment, the Director shall make a determination based on the original permit type. Major amendments go through the same approval process as the original permit. Minor amendments go one level lower. For example, if the original permit used a Type III process, a major amendment would be processed as a Type III, while a minor amendment would be a Type II process.
Application Type | Review and Approval Authority | Type I | Type II | Type III | Type IV | Type V |
|---|---|---|---|---|---|---|
Planning (LMC Titles 17, 18A, 18B and 18C) | ||||||
Administrative Conditional Use | PPW | X | ||||
Administrative Nonconforming Determination | D | X | ||||
Preliminary Binding Site Plan | PPW | X | ||||
Binding Site Plan Major Modification | PPW | X | ||||
Binding Site Plan Minor Modification | PPW | X | ||||
PPW | X | |||||
Comprehensive Map Amendment, Area-Wide | PC/CC | X | ||||
Comprehensive Map Amendment, Site-Specific | PC/CC | X | ||||
HE | X | |||||
PPW | X | |||||
Design Review | PPW | X | ||||
Development Agreement | CC | X | ||||
Director’s Interpretation | D | X | ||||
PPW | X | |||||
PPW | X | |||||
HE | X | |||||
Final Subdivision Plat (10 lots or more) | PPW | X | ||||
Final Short Plat (unit lot and binding site plan) | PPW | X | ||||
PPW | X | |||||
PPW | X | |||||
PPW | X | |||||
Land Use Variance (greater than15%, less than 25% deviation to standards) | PPW | X | ||||
HE | X | |||||
PPW | X | |||||
Planned Development District | HE | X | ||||
Plat Alteration | HE | X | ||||
Preliminary Plat (10 lots or more) | HE | X | ||||
Preliminary Plat Major Modification | HE | X | ||||
Preliminary Plat Minor Modification | PPW | X | ||||
Preliminary Short Plat (9 lots or less) | PPW | X | ||||
Preliminary Short Plat Major Modification | PPW | X | ||||
Preliminary Short Plat Minor Modification | PPW | X | ||||
Public Facilities Master Plan | HE | X | ||||
Public Facilities Master Plan Major Modification | HE | X | ||||
Public Facilities Master Plan Minor Modification | PPW | X | ||||
Rezone, Area-Wide | PC/CC | X | ||||
Rezone, Site-Specific | PC/CC | X | ||||
RV Use in Manufactured Home Park | PPW | X | ||||
PPW | X | |||||
Similar Use Determination | D | X | ||||
Small Cell Wireless | PPW | X | ||||
Temporary Use | PPW | X | ||||
Time Extension | PPW | X | ||||
Transfer of Development Rights | PPW | X | ||||
PPW | X | |||||
Tree Removal/Emergency Tree Removal | PPW | X | ||||
Preliminary Unit Lot Subdivision | PPW | X | ||||
Preliminary Unit Lot Subdivision Major Modification | PPW | X | ||||
Preliminary Unit Lot Subdivision Minor Modification | PPW | X | ||||
CC | X | |||||
PPW | X | |||||
Zoning Interpretations | D | X | ||||
Environmental (LMC Title 14 and Lakewood Shoreline Master Program) | ||||||
Critical Area Reasonable Use Exception | PPW | X | ||||
Critical Area Variance (less than 15% deviation to standards) | PPW | X | ||||
Critical Area Variance (greater than 15%, less than 25% deviation to standards) | PPW | X | ||||
Critical Area Variance (greater than 25% deviation to standards) | HE | X | ||||
Shoreline Exemption | PPW | X | ||||
Shoreline Conditional Use* | HE | X | ||||
PC/CC | X | |||||
Shoreline Substantial Development Permit | PPW | X | ||||
Shoreline Permit (after approval) Major/Minor Modification* | PPW | X | ||||
HE | X | |||||
SEPA Threshold Determination | PPW | X | ||||
SEPA Planned Action Conformance | PPW | X | ||||
PPW | X | |||||
PPW | X | |||||
PPW | X | |||||
Building Code Interpretation | CBO | X | ||||
CBO | X | |||||
Commercial Addition/Remodel | PPW | X | ||||
Demolition | PPW | X | ||||
Manufactured/Mobile Home | PPW | X | ||||
Mechanical | PPW | X | ||||
Minor/Major Modification to Approved Building Permit | PPW | X | ||||
PPW | X | |||||
New Commercial Building | PPW | X | ||||
New Residential Building | PPW | X | ||||
Plumbing | PPW | X | ||||
Residential Addition/Remodel | PPW | X | ||||
PPW | X | |||||
Single-Family Home | PPW | X | ||||
Development Engineering (LMC Titles 12 and 13) | ||||||
Minor/Major Modification to Approved Site Development Permit | PPW | X | ||||
PPW | X | |||||
Road Vacation | CC | X | ||||
Site Development Permit | PPW | X | ||||
Transportation Mitigation Fee | PPW | X | ||||
Miscellaneous | ||||||
Business License | PPW | X | ||||
Multifamily Tax Exemption** | PPW | X | ||||
Scrivener’s Corrections | D | X | ||||
Legend: D = Planning and Public Works Director PPW = Planning and Public Works Department CBO = Chief Building Official CE = City Engineer CC = Lakewood City Council HE = Hearing Examiner PC = Lakewood Planning Commission | ||||||
*Pursuant to Chapter 90.58 RCW, following local action, final decisions are made by the Washington State Department of Ecology. Ecology’s final approval is required for amendments to the Lakewood Shoreline Master Plan (SMP), shoreline conditional use permit and shoreline variance permit.
[Ord. 833 § 2 (Exh. A), 2025; Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 813 § 2 (Att. D), 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 789 § 2 (Exh. A), 2023; Ord. 758 § 2 (Exh. A), 2021; Ord. 756 § 2, 2021; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.085 Modifications to approved permits or decisions.
A. This section applies to proposed amendments to approved permits or decisions governed by Chapter 18A.20 LMC, unless more specific amendment provisions are provided elsewhere in the code or state laws.
B. Major Amendments.
1. If an applicant submits an application for a major modification to an approved permit or decision, the application shall be reviewed under the vested rules of the associated development regulations and original project permit application. Any amendment is subject to all procedural review requirements and may require additional fees or supporting information as necessary for consistent and informed review. Any changes required by conditions of approval of an application shall not be considered major modifications.
2. For the purpose of this subsection, modifications shall be considered major if one (1) or more of the following applies:
a. The modification would (i) add more than ten (10) percent gross square footage to a proposed or existing structure(s) on the site and (ii) result in at least one (1) of the following (subsections (B)(2)(b) through (B)(2)(h) of this section); or
b. The perimeter boundary of the original site would be expanded by more than ten (10) percent of the original lot area; or
c. The modification would increase the overall impervious surface on the site by more than twenty-five (25) percent; or
d. The modification would substantially relocate points of access or increase traffic, unless supported by a revised traffic impact analysis that demonstrates no significant increase in traffic impact; or
e. The modification would reduce designated open space by more than ten (10) percent; or
f. The modification would change the intended use of the original proposal to a new use that is of higher intensity, and would create more significantly adverse impacts than originally proposed; or
g. The modification would result in significant adverse impacts that have not been previously disclosed by the applicant or considered by the Department; or
h. There is significant new information that would change a prior SEPA threshold determination.
C. Minor Modifications. Minor modifications are changes that do not qualify as major under the criteria above. If an applicant submits an application for a minor amendment to an approved permit or decision, the application shall be reviewed under the vested rules of the original project permit application. Any modification is subject to all procedural review requirements at the time of application for modifications and may require additional fees or supporting information as necessary for consistent and informed review.
D. Site Development Permits. Proposed modifications to approved site development permits shall be subject to requirements set forth in LMC Title 12 and this title.
E. Land Divisions. Proposed amendments to approved preliminary land divisions, or proposed alterations to approved final land divisions shall be governed by LMC Title 17, Subdivisions, and this title. [Ord. 820 § 3 (Att. B), 2024.]
18A.20.090 Expiration of approvals.
The City shall provide expiration dates in notifications of permit approvals. Knowledge of the expiration date of any approval is the responsibility of the applicant. The City shall not be held accountable for notification of pending expirations.
A. Variance. Except for variances related to LMC 18A.60.050 and 18A.60.060, unless exercised, a variance shall expire one (1) year from the date a final decision is issued. If timely exercised, a variance shall be valid indefinitely.
B. Conditional Use Permit. Unless exercised or otherwise specified, a conditional use permit shall be void one (1) year from the date a notice of final decision was issued. If exercised, a conditional use permit shall be valid for the amount of time specified by the Hearing Examiner. If the use allowed by the permit is inactive, discontinued or abandoned for twelve (12) consecutive months, the permit is void and a new permit shall be obtained in accordance with the provisions of this title prior to resuming operations.
C. Home Occupation Permit. A home occupation permit shall be valid indefinitely unless a time limitation is specified by staff or the Hearing Examiner or it is revoked for lack of compliance to conditions. A home occupation permit shall be void unless exercised within one (1) year from the date such permit was issued. If the use allowed by the permit is inactive, discontinued or abandoned for twelve (12) consecutive months, the permit is void and a new permit shall be applied for and obtained in accordance with the provisions of this title prior to resuming operations. A home occupation permit shall not be transferable to a new site or entity.
D. Land Use Approval. Unless exercised by complete application for necessary construction permits, any land use approval shall expire and be null and void two (2) years from the date the final approval was issued. Land use approval shall be extended two (2) additional years if a complete building or other construction permit application for the project is submitted prior to expiration of the land use approval. Even absent such application, upon finding that there has been no substantial change in relevant circumstances and standards, land use approval may be extended up to two (2) additional years by the Director pursuant to a written request submitted prior to expiration of land use approval. Upon receiving such request, notice shall be provided pursuant to the comparable notice of application procedures of LMC 18A.20.310. Following a comment period of at least fourteen (14) days, the Director may grant, limit or deny the extension and may impose such conditions of extension to ensure compliance with any subsequently revised standards. If such written request for extension is not received by the Department prior to expiration, such extension shall be denied.
E. Land Division Approval. Approved land divisions regulated under LMC Title 17 shall adhere to the expiration timelines set forth in Chapter 58.17 RCW.
F. Site Development and Right-of-Way Approval. Approved and issued engineering permits shall expire pursuant to LMC Title 12.
G. Building Permit Approval. Approved and issued building permits shall expire pursuant to LMC Title 15.
H. Detailed design review approval shall expire simultaneously with expiration of any associated building or other construction permit.
I. Sign Permit. If a sign is not installed and a use permit issued within six (6) months following the issuance of a sign permit (or within thirty (30) days for temporary signs), the permit shall be void. The City of Lakewood may revoke a sign permit under any of the following circumstances:
1. The City of Lakewood determines that information in the application was materially false;
2. The sign as installed does not conform to the sign permit application;
3. The sign violates this code, building code, or other applicable law, regulations or ordinance; or
4. The Planning and Public Works Director determines that the sign is not being properly maintained. [Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.100 Licenses and building permits.
Business and occupational licenses shall not be issued unless the applicant has a final inspection or certificate of occupancy as required by Chapter 15.05 LMC and as defined hereunder. No building permit shall be issued for the construction, alteration, change of use, or relocation of any building, structure or part thereof unless the plans, specifications and intended use of such building or structure conforms in all respects with the provisions of this title. [Ord. 789 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.105 Violations and enforcement.
A. Violations. It shall be a violation of this title for any person to:
1. Use, construct, locate or demolish any structure, land, sign or property within the City without first obtaining the permits or authorizations required for the use by this title.
2. Use, construct, locate or demolish any structure, land, sign or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
3. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this title, Chapter 14.02 LMC, Environmental Rules and Procedures, or other City ordinances.
4. Misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
5. Fail to comply with the requirements of this title.
B. Enforcement Measures. The City Manager is authorized and empowered to ensure compliance with and enforce the provisions of this title to the fullest extent of the law. Except as specified elsewhere, violation of any provision of this title, including failure to comply with any lawful order issued under the authority of this title, constitutes a Class 2 civil infraction, as defined in Chapter 1.48 LMC. Any violation of this title which is deemed to be a public nuisance or a danger to the public health and/or safety shall be addressed as specified in Chapter 1.44 LMC.
C. Revocation of Permits.
1. The Planning and Public Works Director is authorized and empowered to revoke any permit issued by the Department in error or based on false or misleading information or upon failure of the permit holder thereof to comply with any provision or condition of this title.
2. Any conditions or requirements placed upon a project permit by the Director or decision-making body as a result of the provisions of this title shall be strictly followed. In the event that the permit holder, or his assignee, fails to comply with any such conditions the project permit may be revoked or modified as set forth below or under the provisions of the International Building Code.
3. If, after an investigation, the Director determines that one (1) or more conditions of a permit are not being met, notice shall be mailed to the permit holder or agent by regular mail advising him of the deficiency and requiring that the deficiency be remedied within ten (10) days from the date the notice is mailed or such longer period as the Director may deem appropriate.
4. If the permit holder or agent fails to remedy the deficiency within the time period set, the Director shall mail notice to the permit holder or agent advising of the intent to revoke the development permit. Such notice shall state that to avoid such action the permittee must request, in writing, a hearing before the Hearing Examiner and then appear and show cause why the permit should not be revoked. Such a hearing request must be filed within ten (10) days of the date of the notice of intent to revoke. The Hearing Examiner may uphold the permit should it be determined that all conditions have been met or no longer need to be met; may modify or add conditions to the permit; or may revoke the permit. If the permittee fails to file a timely request for hearing, then the Director shall send him a notice advising him the project permit has been revoked and that any further action thereon would be in violation of City of Lakewood Land Use and Development Code.
5. The provisions of this section shall apply to all project permits issued prior to the date of adoption of this code, as well as all project permits issued thereafter. [Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.110 Certificate of occupancy.
A certificate of occupancy shall be obtained from the Department when required by the International Construction Codes and LMC Title 15. [Ord. 789 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.120 Annexed land.
All land or territory within the urban growth area that is hereafter annexed to the City shall be zoned as depicted on the official zoning map of the City. Any area that is not prezoned shall be zoned in conformance to the comprehensive plan. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.130 Approval of transfer of development rights.
The purpose of the transfer and purchase of development rights (TDR) program is to permanently conserve resource lands such as forestry and agriculture, rural lands, recreational trails, open space and habitat areas through acquisition and extinguishment of the development rights on those lands which are designated as “sending sites.” Lakewood participates in the TDR program as administered in Pierce County Code Chapter 18G.10.
A. Required Instruments. Final approval for site plans or subdivision plats which involve the transfer of development rights (TDR) shall not be approved until evidence is provided to the City that the following instruments have been approved by the Pierce County TDR Program Administrator and recorded with the Pierce County Auditor:
1. Signed and recorded TDR certificates for each unit of density on the receiving parcel(s) in the Residential 4-8 District; and
2. A signed and recorded document of attachment of the development rights to the subject parcel(s).
B. Deed restrictions documenting the conveyance of development rights shall be recorded with the Pierce County Auditor on all applicable parcels and notice shall be placed on the title of the sending site indicating that a development rights transfer has occurred.
The following information shall be recorded on the face of any plat for property which received a TDR under the provision of this chapter: A statement that the development rights used in the plat have been transferred in accordance with the deed of transfer of development rights prescribed by Pierce County; the volume and page number of the recordation of the deed of transfer of development rights between the owner and the applicant; the volume and page number of the recordation of the transfer of development rights easement between the original owner and Pierce County; the serial numbers issued by the Pierce County TDR Program Administrator of the TDRs used in the plat; and the volume and page number of the recorded document of attachment of the TDRs to the subject parcel. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.200 Purpose.
This article establishes uniform provisions for the regulation of nonconforming land uses, structures, and lots (termed “nonconformities” within this chapter). The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. See Chapter 18A.40 LMC for a further discussion of permitted uses.
A. Within the City’s zoning districts, there may exist lots, uses, and structures that were lawfully established but which no longer conform to the most current provisions and standards of the zoning district in which they are located. Such nonconformities may adversely affect the development and redevelopment of the City consistent with the provisions of the comprehensive plan.
This article provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the City’s comprehensive plan and this title. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.
B. It is the overall intent to generally discourage the long-term continuance of nonconforming lots, uses and structures and to:
1. Limit the number and extent of specific nonconforming uses and structures that conflict with the provisions of this Zoning Code by prohibiting their reestablishment after abandonment;
2. Establish procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and structures;
3. Allow for the continuation and maintenance of specific nonconforming uses and structures;
4. Eliminate specific nonconforming uses and structures;
5. Limit the alteration, enlargement, or relocation of nonconforming structures in any manner that increases their level of nonconformity to this current Zoning Code;
6. Limit the extent to which nonresidential uses that are involuntarily damaged or destroyed can be restored; and
7. Allow for the reconstruction of nonconforming residential dwelling units that are involuntarily damaged or destroyed. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.208 Applicability – Nonconformities.
A. This article shall apply to legally existing nonconformities, except the following items, which shall be governed by the standards set forth in the chapters identified below:
1. Nonconforming uses and structures within the Downtown Subarea Plan, as governed in LMC Title 18B.
2. Nonconforming uses and structures within the Lakewood Station District Subarea Plan, as governed in LMC Title 18C.
3. Nonconforming signs as defined in Chapter 18A.100 LMC, Signs.
4. Nonconforming wireless service facilities as defined in Chapter 18A.95 LMC, Wireless Service Facilities.
5. Nonconforming mobile home parks as defined in LMC 18A.40.110(C), Manufactured Home Parks. Manufactured and mobile home parks which were legally approved prior to the effective date of this title may continue to exist; provided, that the density of the park does not increase over the number of dwelling units legally existing on the effective date of this title. Manufactured home sites within legally nonconforming manufactured home parks may continue to be used; provided, that the placement of newer manufactured homes does not result in encroachment of the dwelling beyond the lot space boundaries or into the right-of-way and fire code requirements for structure spacing are met.
6. Nonconforming sexually oriented businesses as defined in the Chapter 18A.50 LMC, Article III, Sexually Oriented Businesses Overlay.
7. Permit applications at the time of this title’s passage that constitute vested development.
i. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in the public record, except when they constitute a vesting.
ii. Nothing in this article shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as a nonconformity. [Ord. 751 § 4 (Exh. C), 2021; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.210 Preexisting nonconforming lots of record.
A. Variances Allowable. The entire contiguous ownership of multiple parcels of land shall be considered as a single parcel of land for determination of nonconformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded.
It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The City will consider unusual hardships in reviewing applications for such development. Variances may be granted in such instances based on individual circumstances and may be conditioned to mitigate any negative effect on the surrounding area.
B. Alteration. Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public right-of-way when deemed necessary by the City Engineer. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.218 Transfer of ownership – Nonconforming uses.
18A.20.220 Proof of nonconformity.
The burden of demonstrating that nonconformity is lawful under this chapter rests with the property or business owner. The City may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.228 Nonconforming uses.
A. Where a lawful structure exists at the effective date of adoption of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions:
1. Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of twelve (12) months or more, the nonconforming use shall not be reestablished, and thereafter the use of the structure or site wherein it was located shall be in conformity with the regulations for its zoning district.
If any nonconforming use ceases for any reason for a period of more than twelve (12) consecutive months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located.
Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use.
2. A nonconforming use within a single-tenant building may only be replaced by a conforming use or another nonconforming use that is the same as or similar to the previous nonconforming use, provided not more than twelve (12) months have passed since the cessation of the previous nonconforming use, and provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
3. A nonconforming use within a multi-tenant building may be replaced by a conforming use, a nonconforming use that is the same as or similar to the previous nonconforming use within the tenant space, provided not more than twelve (12) months has passed since the cessation of the previous nonconforming use, or by a nonconforming use that is the same as or similar to an existing nonconforming use within the building, provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
4. Except as permitted in this section, no nonconforming use shall be enlarged or extended beyond the space it occupied on the effective date of the ordinance that designated it nonconforming.
5. A structure containing a nonconforming use may be expanded so long as the new addition is occupied by a conforming use, and the conforming use does not directly facilitate or support the nonconforming use. The new addition is subject to the development standards of the underlying zoning district. Both the existing building and new addition must comply with currently adopted City design guidelines. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.230 Nonconforming structures.
A. Where a lawful structure exists at the effective date of adoption of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way that increases its degree of nonconformity. Alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section.
2. Work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty-five (25) percent of the current replacement value of the building. Replacement values shall be determined by the City’s Building Official.
3. Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, in the judgment of the City’s Building Official, it shall not be reconstructed except in conformity with provisions of this title.
4. Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.238 Repairs and maintenance.
Nonconforming uses and the structures they occupy may continue to be operated and occupied except as provided below. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. Nonconforming uses outside of a structure which occupy only a portion of a lot may not be expanded to any other portion of the property not previously regularly and actually occupied for such use. Nonconforming uses may not be expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations; provided, that any existing nonconforming single-family detached housing unit may be expanded, and new detached accessory structures consistent with the standards set forth for residential accessory buildings in LMC 18A.50.140 may be allowed upon properties where existing nonconforming single-family detached housing is located.
All applicable construction permits must first be obtained for any such work. Other than regulations relating to public health, safety, and welfare, nonconforming uses, either inside or outside of a structure, may be altered or moved only if the proposed development and its use will be more compatible with the surrounding area than the current development and use considering the following:
A. The character and history of the use and of development in the surrounding area.
B. The comparable degree of noise, vibration, dust, odor, fume, glare, or smoke detectable at the property line.
C. The comparative amount and nature of outside storage, loading and parking.
D. The comparative visual appearance.
E. The comparative hours of operation.
F. The comparative numbers and kinds of vehicular trips to the site.
G. The comparative effect on existing vegetation.
H. The comparative effect on water drainage.
I. The degree of service or other benefit to the area.
J. Other factors which tend to reduce conflicts or increase compatibility with the character or needs of the area [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.240 Health or safety improvements.
Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by order of the Building Official charged with protecting the public safety. Alterations or expansion of a nonconforming use which are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.248 Nonconforming parking lots.
A. Nothing contained in this chapter shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space requirements and curb cuts, for any structure or facility which existed on the date of adoption of the ordinance codified in this title.
B. If a change of use takes place within a nonconforming structure, or an addition is proposed, which requires an increase in the parking area, the additional parking area as required by this title shall be provided. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.250 Nonconforming landscaped areas.
A. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscaped improvements for any legal landscape area which existed on the date of adoption of the ordinance codified in this title, unless and until a change of use or alteration of the structure is proposed.
B. At such time as a change is proposed for a use, or structure, and associated premises which does not comply with the landscape requirements of this title, a landscape plan which substantially conforms to the requirements of this title shall be submitted to the Director for approval prior to issuance of a building permit. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.258 Conditional uses.
A legal use does not become nonconforming because the zone in which it is located is changed to a zone which requires a conditional use permit for the use, or because the use is changed from an allowed use to a conditional use within the same zone; however, a conditional use permit shall then be required for any expansion of the use or enlargement of the building. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.260 Administrative determinations.
By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If issues of interpretation arise regarding the nonconforming status or replacement when abandonment, damage, or destruction has occurred, the Director shall issue an administrative determination as set forth in LMC 18A.60.080. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.268 Review of administrative decisions.
The Director’s decision on an administrative decision under this chapter may be appealed to the Hearing Examiner, pursuant to Chapter 1.36 LMC. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.300 Public notice procedures.
A. The Director shall determine the proper public notification procedure for all applications. If there is a question as to the appropriate process, the Director shall resolve it in favor of the higher process type number procedure. Type I permits are the lowest number procedure and Type V permits are the highest.
B. An application that involves two (2) or more procedures may be processed, at the City’s sole discretion, collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by this chapter. If the application is processed under the individual procedure option, the highest numbered process procedure must be processed prior to the subsequent lower numbered procedure. Joint public hearings with other agencies shall be held in accordance with LMC 18A.20.370. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.310 Public notice framework.
To inform the public of proposed project actions, the Department and applicants shall provide notice as identified in the table below. A vicinity map and basic site plan shall be included with any mailed notices. If a project is SEPA-exempt and no public hearing is required, notice will be limited to the type of notice described below.
Type of Notice | Type I | Type II | Type III | Type IV | Type V |
|---|---|---|---|---|---|
Notice of Application (NOA) | No | Yes | Yes | No | Yes; only for area-wide and site-specific amendments and rezones. |
No | Yes** | Yes | No | Yes; only for area-wide and site-specific amendments, rezones and annexation proposals. | |
Project Site Posting | No | Yes | Yes | No | Yes; only for area-wide and site-specific amendments and rezones. |
City Website | No | Yes | Yes | Yes | Yes |
Newspaper of Record | No | Yes | Yes | No | Yes |
If applicable | If applicable | If applicable | If applicable | If applicable | |
Notice to Parties of Record | Yes | Yes | Yes | No | Yes |
Notice of Decision (NOD) | No | Yes | Yes | No | No |
*SEPA threshold determination is required unless categorically exempt by SEPA Washington Administrative Codes and/or LMC Title 14.
**Only for land subdivisions and shoreline permits.
[Ord. 833 § 2 (Exh. A), 2025; Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 756 § 2, 2021; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.320 Use of Pierce County Assessor’s Office taxpayer data.
Repealed by Ord 738. [Ord. 726 § 2 (Exh. B), 2019.]
18A.20.330 Notice of application.
A. Timing. A notice of application shall be issued within fourteen (14) calendar days after the Department has made a determination of completeness pursuant to LMC 18A.20.050. One (1) notice of application shall be completed for all permit applications related to the same project at the time of the earliest complete permit application.
B. SEPA Threshold Determination. A SEPA threshold determination may be issued with a notice of application; provided, that a final threshold determination of nonsignificance or mitigated determination of nonsignificance may not be issued until after the expiration of the public comment period on the notice of application when the optional DNS process is utilized in accordance to WAC 197-11-355.
C. Content. The notice of application shall include:
1. Application number(s).
2. Date of application submittal.
3. Date of the determination of application completeness.
4. Date of the notice of application.
5. A description of the proposed project action and a list of related project applications and, if applicable, a list of any studies requested by the review authority pursuant to RCW 36.70B.070.
6. To the extent known, identification of other required permits that are not included in the application.
7. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed.
8. A statement of the limits of the public comment period, which shall be not less than fourteen (14) nor more than thirty (30) calendar days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. The notice of application shall also specify the first and last date and time by which written public comment may be submitted pursuant to Chapter 42.30 RCW.
9. Tentative date, time, place and type of hearing, if applicable or available.
10. Identification of the development regulations that will govern mitigation of any project impacts.
11. Name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant.
12. A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location.
13. Any other information determined appropriate by the City, such as a determination of significance.
D. Distribution and Publication. The Department shall mail a copy of the notice of application to the following:
1. Applicant.
2. Service providers, agencies and federally recognized tribes with jurisdiction.
3. Any person who requests in writing to be a party of record.
4. If required in LMC 18A.20.310, using Assessor-Treasurer tax records, affected property owners within a three hundred (300) foot radius of the exterior boundaries of project site.
5. Posted on the City’s website.
E. Public Comment. All public comments on the notice of application must be received by the Department or postmarked by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by email. Comments should be as specific as possible.
F. Project Site Posting. The applicant shall be responsible for posting a notice board on the property on which Department notices can be placed. Public notice shall be accomplished through the use of Department poster boards mounted on a four (4) foot by four (4) foot plywood face generic notice board to be supplied by the applicant, to the following specifications:
1. Posting of the property for site-specific proposals shall consist of one (1) or more notice boards as follows:
a. A single notice board shall be placed by the applicant in a conspicuous location on a street frontage bordering the subject property.
b. When the notice board is installed, the applicant shall complete and return a written affidavit of posting to the Department by regular or electronic mail. An affidavit of posting shall be submitted to the Department at least seven (7) calendar days prior to the hearing. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application may be postponed in order to allow compliance with this notice requirement.
c. Each notice board shall be visible and accessible for inspection by members of the public.
d. Additional notice boards may be required when:
i. The site does not abut a public road; or
ii. Additional public notice boards are required under other provisions of the Lakewood Municipal Code; or
iii. The Director determines that additional notice boards are necessary to provide adequate public notice.
e. Notice boards should be:
i. Constructed and installed in accordance with specifications determined by the Department, including mounted and bolted onto at least two (2) four (4) inch by four (4) inch wood posts, and placed securely in the ground;
ii. Maintained in good condition by the applicant during the notice period;
iii. In place at least fifteen (15) calendar days prior to the end of any required comment period; and
iv. Removed by the applicant within ten (10) calendar days after the end of the notice period or final public hearing date.
f. Notice boards that are removed, stolen, or destroyed prior to the end of the notice period may be cause for discontinuance of the Departmental review until the notice board is replaced and remains in place for the specified time period. The Department shall notify the applicant when it comes to the City’s attention that notice boards have been removed prematurely, stolen, or destroyed.
g. SEPA information shall be added by the Department to the posted sign within applicable deadlines. [Ord. 820 § 3 (Att. B), 2024; Ord. 814 § 2, 2024; Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.340 Notice of public hearing.
A. Timing. Notice of public hearing is required for Type III and Type V applications for which a public hearing is held. Notice of public hearing shall be posted on the City’s website and published in the newspaper of record.
B. Notice Contents. The notice of public hearing shall contain the following information:
1. The name of the applicant or the applicant’s representative.
2. Description of the affected property, which may be in the form of either a vicinity location sketch or written description, other than a legal description.
3. The date, time, and place of the hearing.
4. The nature of the proposed use or development.
5. A statement that all interested persons may appear and provide testimony.
6. When and where information may be examined, and deadline of when and how to submit written comments for inclusion into the record.
7. The name and contact information of a City representative where additional information may be obtained.
8. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost online and will be provided at the cost of reproduction.
9. That a copy of the staff report will be available for inspection at no cost at least seven (7) calendar days prior to the hearing and copies will be provided at the cost of reproduction.
C. Mailed Notice. The Department shall mail notice at least fourteen (14) calendar days prior to the public hearing through the United States Postal Service to all property owners of record within a radius of three hundred (300) feet of the exterior boundaries of the subject property, any person who submitted written comments on an application, the applicant, and parties of record, if any. For Type V permits, mailed notices are only required for certain proposed projects pursuant to LMC 18A.20.310, Public notice framework.
D. Continuations. If for any reason a commenced hearing on a pending project application cannot be completed on the date set in the public notice, the hearing may be continued to a date certain and no further notice under this section is required. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.350 Optional public notice.
In addition to the required methods set forth in this chapter for providing public notice, the Director may require additional optional notification by the City, if determined necessary to ensure adequate notice to the public. This optional notice as described in this section is not required and shall not be grounds for invalidation of any permit decision. Optional public notice includes, but is not limited to, any one (1) or more of the following:
A. Notify public or private individuals or groups with known interest in a certain proposal or type of proposal, or in proposals within a certain area or areas of the City;
B. Notify the newspaper of record;
D. Post notices in public places;
E. Record notices on a telephone message line;
F. Post notices electronically via the internet;
G. For legislative actions, except annexations, mail via the United States Postal Service to persons who have indicated an interest in such actions and who have paid an annual subscription fee based on the cost of such mailings. The list of such persons shall be maintained by the Planning and Public Works Department;
H. For legislative actions, except annexations, email to persons who have indicated an interest in such actions and a preference to be notified by email. The list of such persons shall be maintained by the Planning and Public Works Department. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.360 Notice of decision.
A. Timing. Whenever a final decision has been made that requires a notice of decision as noted in LMC 18A.20.310, the Department shall issue the notice within fourteen (14) calendar days of the final decision.
B. Content. The notice of decision shall include, at a minimum, the following information:
1. The decision on the project permit application.
2. Any SEPA threshold determination made pursuant to Chapter 43.21C RCW, if applicable.
3. The procedure for administrative appeal, if any.
4. A statement that the complete file, including findings, conclusions and any conditions of approval, is available for review, and shall list the place, days and times when the file is available and contact information of the Department representative.
5. The notice of decision may be a copy of the report or decision, if such report or decision contains the information required in this subsection B.
C. Distribution. The notice of decision shall be provided by electronic mail to the following:
1. The applicant.
2. Any parties of record.
3. Any agencies with jurisdiction over the project permit application or any agencies that commented on the project permit application.
4. Any person who, prior to rendering the decision, has requested a copy of the notice of decision.
5. The Pierce County Assessor-Treasurer.
D. Shoreline Jurisdiction. Notices of decisions on Type I, II and III project permits governed by Lakewood’s Shoreline Master Program shall also be immediately filed in accordance with applicable procedures governing the Washington State Shoreline Management Act, Chapter 90.58 RCW and Chapter 173-27 WAC. [Ord. 820 § 3 (Att. B), 2024.]
18A.20.370 Joint public hearings.
A. The Director may combine a public hearing on Type III and Type V project applications with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as:
1. The other agency consents to the joint hearing;
2. The other agency is not expressly prohibited by statute from doing so;
3. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, LMC, or rule;
4. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and
5. The hearing is held within the Lakewood City limits.
B. An applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in LMC 18A.20.090. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings. [Ord. 820 § 3 (Att. B), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.20.360.]
18A.20.400 Specific appeal procedures.
A. Administrative Decisions. Appeals on final administrative decisions shall be heard by the Hearing Examiner. Appeals shall be filed within fourteen (14) days after notice of decision. In accordance with RCW 43.21C.075, the appeal period shall be extended to twenty-one (21) days, if issued with a SEPA threshold determination including a comment period, of the final Department decision using procedures outlined below and in Chapter 1.36 LMC.
B. Wireless Service Facilities Permits. Wireless service facilities permits are administratively approved by the Department. 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. 820 § 3 (Att. B), 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]
18A.20.410 Appeals to hearing examiner.
18A.20.420 Reconsideration of hearing examiner decision.
18A.20.430 Clarification of hearing examiner decision.
18A.20.440 No appeals to City Council.
There are no appeals from the Hearing Examiner to the City Council. [Ord. 726 § 2 (Exh. B), 2019.]