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Title 17G
Chapter 17G.060
Section 17G.060.210
 

Title 17G Administration and Procedures

Chapter 17G.060 Land Use Application Procedures

Section 17G.060.210 Appeals
  1. The provisions of this section shall apply to any written order, requirement, permit, decision, or determination made under the land use codes.
  1. Appeal of a director’s decision on a project permit application is to the hearing examiner as an open record appeal, except appeals of building permits that are not related to the land use codes shall go before the building construction review board pursuant to chapter 4.06 SMC. The hearing examiner shall consider the appeal in accordance with procedures set forth in chapter 17G.050 SMC and the hearing examiner’s rules of procedure.
  1. Appeal of a hearing examiner’s decisions is to superior court, except rezones, PUDs, preliminary long plats, and skywalk permits are appealable to city council as a closed record appeal hearing and are subject to the procedures in chapter 17G.050 SMC.
  1. Shoreline substantial development permits decisions, after final decision by the City, may be appealed within twenty-one days from the “date of filing” or the date of actual receipt by the Department of Ecology; appeal is made to the shorelines hearings board.
  1. Shoreline conditional use permits and shoreline variance permits may be appealed to the shorelines hearings board within twenty-one days from the “date of filing” or the date the decision of the Department of Ecology is transmitted to the City of Spokane. If, as a result of the appeal process, the project has been modified, the director must reissue the permit according to WAC chapter 173-27-130 and submit a copy of the reissued permit to the department of ecology.
  1. Except as otherwise provided, appeals or requests for reconsideration from decisions shall be filed within fourteen calendar days of the date of the decision. If the last day for filing an appeal falls on a weekend day or a holiday, the last day for filing shall be the next working day. The appeal or request for reconsideration is filed in the department that is responsible for the permit application, except an appeal to superior court must be filed as a land use petition to the court within twenty-one days of the date of the written decision is issued.
  1. An appeal or request for reconsideration shall take the form of a written statement of the alleged reason(s) the decision was in error, or specifying the grounds for appeal or reconsideration. The following information, accompanied by an appeal fee as specified in chapter 8.02 SMC, shall be submitted. All fees including transcript deposit fees must be paid by the appellant no later than the last day to file the appeal. The appellant shall pay the cost of a written transcript within five days of the receipt of the hearing examiner’s statement for the cost. An appeal application is not considered complete until all required fees are paid. Failure to timely pay all fees results in dismissal of the appeal with prejudice. The appeal or request for reconsideration application shall contain:
    1. file number of the decision;
    1. the names of the appellant(s) and an indication of facts that establish the appellant’s right to the relief requested;
    1. an identification of exceptions and objections to the decision being appealed or reconsidered, or an identification of errors in fact or conclusion;
    1. the requested relief from the decision being appealed or reconsidered;
    1. any other information reasonably necessary to make a decision on the appeal or reconsideration;
    1. failure to set forth specific errors or grounds for appeal shall result in summary dismissal of the appeal or reconsideration request.
  1. The appeal or request for reconsideration is rejected if:
    1. it is filed by a person without standing as specified in chapter 17A.020 SMC;
    1. an appeal decision is being sought from a decision-maker not authorized by this chapter to make such a decision;
    1. it is not timely filed;
    1. the appeal fees have not been paid; or
    1. it is not filed in accordance with the procedures of this chapter.
  1. An appeal or request for reconsideration stays the underlying decision pending final disposal of the appeal, unless the action ordered in the decision is necessary to protect the public health or safety, or unless the appeal is required to be filed in superior court. Filing a suit or action in court does not stay the final decision unless and until the court, pursuant to RCW 36.70C.100, issues an order.
  1. Notice of Appeal.

Notice of a hearing by the hearing examiner is given to the director, appellant, applicant, and any party of record. This notice is mailed through regular U.S. mail or personally served at least fourteen days prior to the hearing. The notice of appeal contains the following information:

    1. Location of the property including a map sufficient to clearly locate the site.
    1. Description of the proposed action.
    1. Name of the applicant.
    1. Application name and number.
    1. Decision made on the application, including the environmental threshold determination.
    1. Name of the appellant if other than the applicant.
    1. Date, time, and place of hearing.
    1. A statement of whether the appeal is on the record or if new information will be allowed; and
    1. Name, address, and office telephone number of the City official from whom additional information may be obtained.

Date Passed: Monday, October 14, 2019

Effective Date: Saturday, November 30, 2019

ORD C35816 Section 7