Chapter 22G.010
LAND USE APPLICATION PROCEDURES

Sections:

22G.010.010    Purpose.

Article I. Consolidated Application Process

22G.010.020    Application.

22G.010.030    Preapplication meetings.

22G.010.040    Content of applications.

22G.010.050    Letter of completeness.

22G.010.060    Technical review committee.

22G.010.070    Environmental review.

22G.010.080    Reimbursement in lieu of traffic engineering study.

Article II. Public Notice Requirements

22G.010.090    Notice of development application.

22G.010.100    Notice of administrative approvals.

22G.010.110    Notice of public hearing.

22G.010.120    Notice of appeal hearing.

22G.010.130    Notice of decision.

Article III. Review and Approval Process

22G.010.140    Application review.

22G.010.150    Administrative approvals without notice.

22G.010.160    Administrative approvals subject to notice.

22G.010.170    Hearing examiner decisions.

22G.010.180    Procedures for open record hearings.

22G.010.190    Reconsideration.

22G.010.200    Final decision.

22G.010.205    Expiration of application.

22G.010.210    Construction plan approval.

Article IV. Land Use Application Requirements

22G.010.220    Specific form and content of application determined.

22G.010.230    Initiation of required approvals or permits.

22G.010.240    Complete applications.

22G.010.250    Vesting.

22G.010.260    Minor revisions to approved development applications.

22G.010.270    Major revisions to approved residential development applications.

22G.010.280    Revisions not defined as minor or major.

22G.010.290    Supplemental information.

22G.010.300    Oath of accuracy.

22G.010.310    Limitations on refiling of applications.

Article V. Code Compliance and Director Review Procedures

22G.010.320    Code compliance review – Actions subject to review.

22G.010.330    Decisions and appeals.

22G.010.340    Actions subject to review.

22G.010.350    Notice requirements and comment period.

22G.010.360    Decision or public hearing required.

22G.010.370    Additional requirements prior to hearing.

22G.010.380    Decision regarding proposal.

22G.010.390    Time limitations.

Article VI. Land Use Application – Decision Criteria

22G.010.400    Purpose.

22G.010.410    Temporary use permit.

22G.010.420    Variance.

22G.010.430    Conditional use permit.

22G.010.440    Rezone criteria.

22G.010.450    Rezone and review procedures.

22G.010.460    Home occupation permit.

22G.010.470    Continuing jurisdiction.

22G.010.480    Cancellation of decisions.

22G.010.490    Transfer of ownership.

Article VII. Text Amendments to MMC Title 22

22G.010.500    Purpose.

22G.010.510    Authority and application.

22G.010.520    Required findings.

22G.010.530    Burden of proof.

Article VIII. Appeals

22G.010.540    Appeal process – General description.

22G.010.550    Appeal of administrative interpretations and approvals.

22G.010.560    Judicial appeal.

22G.010.010 Purpose.

The purpose of this chapter is to combine and consolidate the application, review, and approval processes for land development in the city of Marysville in a manner that is clear, concise, understandable and consistent with Chapter 36.70B RCW. It is further intended to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans. Final decisions on development proposals shall be made within 120 days of the date of the letter of completeness except as provided in MMC 22G.010.200. (Ord. 2852 § 10 (Exh. A), 2011).

Article I. Consolidated Application Process

22G.010.020 Application.

(1) The city shall consolidate development application and review in order to integrate the development permit and environmental review process, while avoiding duplication of the review processes.

(2) All applications for development permits, variances and other city approvals under the development code shall be submitted on forms provided by the department of community development. All applications shall be acknowledged by the property owner. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.030 Preapplication meetings.

(1) Informal. Applicants for development are encouraged to participate in an informal meeting prior to the formal preapplication meeting. The purpose of the meeting is to discuss, in general terms, the proposed development, city design standards, design alternatives, and required permits and approval process.

(2) Formal. Every person proposing a development, with exception of building permits, in the city shall attend a preapplication meeting. The purpose of the meeting is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, applicable plans, policies and regulations. In order to expedite development review, the city shall invite all affected jurisdictions, agencies and/or special districts to the preapplication meeting. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.040 Content of applications.

(1) All applications for approval under MMC Title 22 shall include the information specified in the applicable title. The director may require such additional information as reasonably necessary to fully and properly evaluate the proposal.

(2) The applicant shall apply for all permits identified in the preapplication meeting. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.050 Letter of completeness.

(1) Within 28 days of receiving a date stamped application, the city shall review the application and as set forth below provide applicants with a written determination that the application is complete or incomplete.

(2) A project application shall be declared complete only when it contains all of the following materials:

(a) A fully completed, signed, and acknowledged development application and all applicable review fees.

(b) A fully completed, signed, and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act.

(c) The information specified for the desired project in the appropriate chapters of the Marysville Municipal Code and as identified in MMC 22G.010.040.

(d) Any supplemental information or special studies identified by the director.

(3) For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness or identify what additional information is required. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.060 Technical review committee.

(1) Immediately following the issuance of a letter of completeness, the city shall schedule a meeting of the technical review committee (TRC). The TRC may be composed of representatives of all affected city departments, utility districts, the fire department, and any other entities or agencies with jurisdiction.

(2) The TRC shall review the development application for compliance with city plans and regulations, coordinate necessary permit reviews, and identify the development’s environmental impacts. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.070 Environmental review.

(1) Developments and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in Chapter 22E.030 MMC.

(2) SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:

(a) Projects categorically exempt from SEPA;

(b) Components of previously completed planned actions, to the extent permitted by law and consistent with the EIS for the planned action. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.080 Reimbursement in lieu of traffic engineering study.

(1) In those cases where a developer would be required pursuant to any applicable city code or policy to provide a traffic engineering study as a condition of development, the city engineer or his designee may evaluate whether any traffic study previously completed at public expense adequately addresses the traffic issues that would be expected to be covered in a private, site-specific study. In such cases, the city engineer may waive a developer’s site-specific traffic engineering study and instead authorize the payment of a fee to be paid in lieu of such study as reimbursement of a portion of the city’s costs of an engineering study.

(2) The fee to be reimbursed to the city shall be administratively determined in the sole discretion of the city engineer and shall be based upon the following:

(a) The total cost of the city’s study;

(b) The scope and area of the city’s study as compared to the area that would have been required to be studied by the private developer;

(c) The degree to which the city’s study is expected to be used in lieu of other site-specific private developer studies in the future;

(d) Such other and further factors as the city engineer deems relevant.

There shall be no appeal from the decision of the city engineer. The decision of the city engineer shall be issued in writing.

(3) In the event the private developer disagrees with the amount determined to be reimbursed to the city, the developer may appeal the administrative determination to the city’s hearing examiner pursuant to Chapter 22G.060 MMC. Said appeal shall be filed in writing with the city engineer not later than 14 calendar days from the issuance of the administrative determination. Failure to file an appeal within said time period shall be deemed as acceptance of the administrative determination. He shall conduct his own study at his own expense.

(4) If it is determined by the city engineer or other appropriate authority that the city study needs to be updated with respect to a particular property or use, the developer shall do so at its own expense. (Ord. 2852 § 10 (Exh. A), 2011).

Article II. Public Notice Requirements

22G.010.090 Notice of development application.

(1) Within 14 days of issuing a letter of completeness under Article I of this chapter, Consolidated Application Process, the city shall issue a notice of development application. The notice shall include but not be limited to the following:

(a) The name of the applicant;

(b) Date of application;

(c) The date of the letter of completeness;

(d) The location of the project;

(e) A project description;

(f) The requested approvals, actions, and/or required studies;

(g) A public comment period not less than 14 nor more than 30 days. The length of the comment period will be based on complexity of the project, as determined by the director;

(h) Identification of existing environmental documents;

(i) A city staff contact and phone number;

(j) The date, time, and place of a public hearing if one has been scheduled;

(k) A statement that the decision on the application will be made within 120 days of the date of the letter of completeness.

(2) The notice of development application shall be posted on the subject property, published once in a newspaper of general circulation and mailed to all property owners as shown on the records of the county assessor and to all street addresses of properties within 300 feet, not including street rights-of-way, of the boundaries of the property which is the subject of the development application.

(3) The notice of development application shall be issued prior to and is not a substitute for required notice of a public hearing.

(4) A notice of application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed:

(a) Application for building permits;

(b) Application for lot line adjustments;

(c) Application for administrative approvals. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.100 Notice of administrative approvals.

Notice of administrative approvals subject to notice under MMC 22G.010.160 shall be made as follows:

(1) Notification of Preliminary Approval. The director shall notify the adjacent property owners of his intent to grant approval. Notification shall be made by mail only.

(2) The notice shall include:

(a) A description of the preliminary approval granted, including any conditions of approval;

(b) A place where further information may be obtained;

(c) A statement that final approval will be granted unless an appeal requesting a public hearing is filed with the city clerk within 15 days of the date of the notice. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.110 Notice of public hearing.

Notice of a public hearing for all development applications and all open record appeals shall be given as follows:

(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under MMC Title 22 shall be made by:

(a) Publication at least 10 days before the date of a public meeting, hearing, or pending action in the official newspaper if one has been designated or a newspaper of general circulation in the city; and

(b) Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners as shown on the records of the county assessor and to all street addresses of properties within 300 feet, not including street rights-of-way, of the boundaries of the property which is the subject of the meeting or pending action. A mailing list and assessor’s map showing properties within 300 feet shall be provided by the applicant; and

(c) Posting at least 10 days before the meeting, hearing, or pending action in three public places where ordinances are posted and at least one notice on the subject property.

(2) Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.

(3) Continuations. If for any reason a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.120 Notice of appeal hearing.

In addition to the posting and publication requirements of MMC 22G.010.110, notice of appeal hearings shall be as follows:

(1) For an appeal of administrative approvals, notice shall be mailed to the applicant, appellant and adjacent property owners. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.130 Notice of decision.

A written notice for all final decisions shall be sent to the applicant and all parties of record. For development applications subject to hearing examiner review, the notice shall be the report issued by the hearing examiner. (Ord. 2852 § 10 (Exh. A), 2011).

Article III. Review and Approval Process

22G.010.140 Application review.

(1) A review process which consolidates different permits is the standard review process utilized in the city. A single report, as described in MMC 22G.010.170(1), will be prepared for a development application. During a development application review, the city will not reconsider fundamental land use planning decisions which have been made in the adopted comprehensive plan or development regulations.

(2) A neighborhood meeting is required to be conducted by the applicant prior to submittal of an application for projects which, in the discretion of the director, have the potential to raise significant neighborhood issues. Public notice shall be given to the affected neighborhood consistent with MMC 22G.010.110(1)(b).

(3) During project review, the city shall determine whether the project is consistent with the following items described in the applicable plans and regulations:

(a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned residential developments and conditional uses, if the criteria for their approval have been satisfied;

(b) Density of residential development in urban growth areas;

(c) Availability and adequacy of public facilities identified in the comprehensive plan; and

(d) Development standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.150 Administrative approvals without notice.

(1) The director may approve, approve with conditions, or deny the following without notice:

(a) Boundary line adjustments;

(b) Extension of time for approval;

(c) Minor amendments or modifications to approved developments or permits in accordance with MMC 22G.010.260;

(d) Home occupations;

(e) Critical areas management determinations made by the community development director pursuant to Chapter 22E.010 MMC;

(f) Bed and breakfast permits;

(g) Accessory dwelling units;

(h) Site plan with commercial, industrial, institutional (e.g., church, school) or multiple-family building permit if permitted outright;

(i) Site plan with administrative conditional use permit;

(2) Director’s decisions under this section shall be final on the date issued. (Ord. 2981 § 3, 2015; Ord. 2852 § 10 (Exh. A), 2011).

22G.010.160 Administrative approvals subject to notice.

(1) The director may grant preliminary approval or approval with conditions, or may deny the following actions subject to the notice and appeal requirements of this section:

(a) Short subdivisions;

(b) Shoreline permits for substantial developments;

(c) Conditional use permits;

(d) Binding site plans;

(e) Master plan for properties under ownership or contract of applicant(s).

(2) Final Administrative Approvals. Preliminary approvals under this section shall become final subject to the following:

(a) If no appeal is submitted, the preliminary approval becomes final at the expiration of the 15-day notice period.

(b) If a written notice of appeal is received within the specified appeal periods, the matter will be referred to the hearing examiner for an open record public hearing. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.170 Hearing examiner decisions.

(1) Staff Report. The director or designee shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development’s consistency with the city’s development code, adopted plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development application. The report shall be prepared at least seven days prior to the public hearing.

(2) Hearing. The hearing examiner shall conduct an open record hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the city’s development code, adopted plans and regulations. Notice of the hearing shall be in accordance with MMC 22G.010.110.

(3) Required Findings. The hearing examiner shall not approve a proposed development without first making the following findings and conclusions:

(a) The development is consistent with the comprehensive plan and meets the requirements and intent of the Marysville Municipal Code.

(b) The development makes adequate provisions for open space, environmentally sensitive areas, drainage, streets and other public ways, transit stops, water supply, sanitary wastes, public utilities and infrastructure, parks and recreation facilities, playgrounds, sites for schools and school grounds.

(c) The development is beneficial to the public health, safety and welfare and is in the public interest.

(d) The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the comprehensive plan. If the development results in a level of service lower than those set forth in the comprehensive plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard are made concurrent with the development. For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development.

(e) The area, location and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development.

(4) Decision. Upon approving or disapproving a development proposal or action, the hearing examiner shall prepare and adopt a written decision setting forth its findings, conclusions, recommendations, and effective date of the decision, as set forth herein and in Chapter 22G.060 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.180 Procedures for open record hearings.

Only one open record hearing is allowed per project. Open record hearings shall be conducted in accordance with city ordinance and the hearing examiner’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the decision shall be based. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.190 Reconsideration.

A party to a public hearing may seek reconsideration only of a final decision by filing a written request for reconsideration with the director within 14 days of the final written decision. The request shall comply with MMC 22G.010.550(3). The examiner shall consider the request within seven days of filing the same. The request may be decided without public comment or argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and re-issue his or her decision. Reconsideration should be granted only when a legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.200 Final decision.

(1) Time. The final decision on a development proposal shall be made within 120 days from the date of the letter of completeness. Exceptions to this include:

(a) Amendments to the comprehensive plan or development code.

(b) Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the director shall determine whether the information is adequate to resume the project review.

(c) Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the city determines the revised application to be complete.

(d) All time required for the preparation and review of an environmental impact statement.

(e) Projects involving the siting of an essential public facility.

(f) An extension of time mutually agreed upon by the city and the applicant.

(g) All time required to obtain a variance.

(h) Any reconsideration by the hearing body.

(i) All time required for the administrative appeal of a determination of significance.

(2) Effective Date. The final decision of the council or hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the council or hearing body takes action on the motion, resolution, or ordinance. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.205 Expiration of application.

(1) Any application which has been determined to be complete, and for which the applicant fails to complete the next application step for a period of 180 days after issuance of the determination of completeness, or for a period of 180 days after the city of Marysville has requested additional information or studies, will expire by limitation and become null and void. The department may grant a 180-day extension on a one-time basis per application. In no event shall an application be pending for more than 360 days from the date the application is deemed complete. For purposes of this subsection, all time during which the city is reviewing materials submitted by an applicant will be excluded. This subsection shall apply to applications regardless of whether the applications were submitted prior to the effective date of this section, as amended.

(2) Applications which have been determined to be complete by the effective date of the ordinance codified in this section shall have 120 days to complete the project review, receive a decision, and complete any appeal provisions of this chapter. The department will notify any applicants in writing that are subject to this provision within 30 days of the effective date of the ordinance codified in this section. For purposes of this subsection, all time during which the city is reviewing materials submitted by an applicant will be excluded. (Ord. 2913 § 3, 2012).

22G.010.210 Construction plan approval.

(1) Construction plans for projects reviewed under the development code shall be approved for a period of 60 months from the date the city signs the “City of Marysville Construction Drawing Review Acknowledgement” block included on the civil construction plans or until expiration of the preliminary plat, preliminary short plat, binding site plan, conditional use permit or site plan approval.

(2) The city may grant an extension of up to 12 months, if substantial progress has been made by the applicant to complete construction of the approved project. Extensions shall be considered on a case-by-case basis by the public works director or designee and will require a letter to be submitted to the city requesting the extension. Said letter shall demonstrate that the project has made substantial construction progress, the reason for the extension request, and an estimated timeline for completion of construction.

(3) When the approval period (or any extension thereof) expires, the city’s approval of the construction plans shall be deemed automatically withdrawn. In order to receive further consideration by the city after such expiration and automatic withdrawal, construction plans must be re-submitted and must comply with the current code requirements. (Ord. 2852 § 10 (Exh. A), 2011).

Article IV. Land Use Application Requirements

22G.010.220 Specific form and content of application determined.

The department shall:

(1) Prescribe, prepare and provide the form on which applications required by this code are made; and

(2) Prescribe the type of information to be submitted by the applicant. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.230 Initiation of required approvals or permits.

The department shall not commence review of any application set forth in this chapter until the property owner has submitted the materials and fees specified for complete applications. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.240 Complete applications.

(1) Applications for conditional use permits, variances, and zone reclassifications shall be considered complete as of the date of submittal upon determination by the department that the materials submitted contain the following:

(a) Application forms provided by the department and completed by the applicant;

(b) Certificates of sewer and water availability from the appropriate purveyors, where sewer and/or water service is proposed to be obtained from a purveyor, confirming that the proposed water supply and/or sewage disposal are adequate to serve the development in compliance with adopted state and local system design and operating guidelines;

(c) Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable;

(d) Proof that the lot or lots are recognized as separate lots pursuant to the provisions of Chapter 22G.090 MMC, Subdivisions and Short Subdivisions;

(e) A sensitive area report, if applicable;

(f) A completed environmental checklist, if required by Chapter 22E.030 MMC, procedures and policies for implementing the State Environmental Policy Act;

(g) Payment of any development permit review fees, excluding impact fees; and

(h) Complete applications for other required permits that are required to be processed concurrently with the proposed application, or copies of approved permits that are required to be obtained prior to the proposed application.

(2) Applications found to contain material errors shall not be deemed complete until such material errors are corrected.

(3) The community development director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 2852 § 10 (Exh. A), 2011).

22G.010.250 Vesting.

(1) Purpose. The purpose of this section is to implement plan policies and state laws that provide for vesting. This section is intended to provide property owners, permit applicants, and the general public assurance that regulations for project development will remain consistent during the lifetime of the application. The section also establishes time limitations on vesting for permit approvals and clarifies that once those time limitations expire, all current development regulations and current land use controls apply.

(2) Applicability. This section applies to complete applications and permit approvals required by the city of Marysville pursuant to MMC Title 22, including and limited to land use permits, preliminary subdivisions, final subdivisions, short subdivisions, binding site plans, conditional use permits, shoreline development permits and any other land use permit application that is determined by Washington State law to be subject to the Vested Rights Doctrine. Vesting of building permit applications is governed by the rules of RCW 19.27.095 and MMC Title 16.

(3) Vesting of Applications.

(a) An application described in subsection (2) of this section shall be reviewed for consistency with the applicable development regulations in effect on the date the application is deemed complete.

(b) An application described in subsection (2) of this section shall be reviewed for consistency with the construction and utility standards in effect on the date the separate application for a construction or utility permit is deemed complete. An applicant may submit a separate construction or utility permit application simultaneously with any application described in subsection (2) of this section to vest for a construction or utility standard. The application or approval of a construction or utility permit or the payment of connection charges or administrative fees to a public utility does not constitute a binding agreement for service and shall not establish a vesting date for development regulations used in the review of applications described in subsection (2) of this section.

(c) An application described in subsection (2) of this section utilizing vested rights shall be subject to all development regulations in effect on the vesting date.

(d) An application described in subsection (2) of this section that is deemed complete is vested for the specific use, density, and physical development that is identified in the application submittal.

(e) Applications submitted pursuant to MMC Title 22 that are not listed in subsection (2) of this section shall be governed by those standards which apply to said application. These applications shall not vest for any additional development regulations.

(f) The property owner is responsible for monitoring the time limitations and review deadlines for the application. The city shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the community development department, but shall be subject to the development regulations in effect on the date of the new application.

(4) Duration of Vesting.

(a) Land Use Permits. The development of an approved land use permit shall be governed by the terms of approval of the permit unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(b) Preliminary Subdivision. Development of an approved preliminary subdivision shall be based on the controls contained in the hearing examiner’s decision. A final subdivision meeting all of the requirements of the preliminary subdivision approval shall be submitted within the time period specified in MMC 22G.090.170 and RCW 58.17.140. Any extension of time beyond the time period specified in MMC 22G.090.170 and RCW 58.17.140 may contain additional or altered conditions and requirements based on current development regulations and other land use controls.

(c) Land Use Permits Associated with a Preliminary Subdivision. Land use permit applications, such as planned residential development applications that are approved as a companion to a preliminary subdivision application shall remain valid for the duration of the preliminary and final subdivision as provided in subsections (4)(b) and (d) of this section.

(d) Final Subdivision. The lots in a final subdivision may be developed by the terms of approval of the final subdivision, and the development regulations in effect at the time the preliminary subdivision application was deemed complete for a period as specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(e) Short Subdivision. The lots in a short subdivision may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(f) Binding Site Plan. The lots in a binding site plan may be developed by the terms of approval of the binding site plan, and the development regulations in effect at the time the application was deemed complete unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(g) All approvals described in this section shall be vested for the specific use, density, and physical development that is identified in the permit approval.

(h) Sign Permit. A sign permit shall expire if the permit is not exercised within one year of its issuance. No extensions of the expiration date shall be permitted.

(5) Waiver of Vesting. A property owner may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the director stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. Any change to the application is subject to the modification criteria described in MMC 22G.010.260 and 22G.010.270 and may require revised public notice and/or additional review fees. (Ord. 2981 § 4, 2015; Ord. 2852 § 10 (Exh. A), 2011).

22G.010.260 Minor revisions to approved development applications.

The purpose and intent of this section is to provide an administrative process for minor revisions to approved development applications. For the purposes of this section, approved development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other development applications.

(1) A minor revision to an approved residential development application is limited to the following when compared to the original development application; provided, that there shall be no change in the proposed type of development or use:

(a) Short subdivisions shall be limited to no more than one additional lot, provided the maximum number of lots allowed in a short subdivision is not exceeded.

(b) Subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments shall be limited to the lesser of:

(i) A 10 percent increase in the number of lots or units; or

(ii) An additional 10 lots or units, provided the additional/lots units will not cause the project to exceed the maximum categorical exemption threshold level established in MMC 22E.030.090.

(c) A reduction in the number of lots or units.

(d) A change in access points may be allowed when combined with subsection (1)(a) or (b) of this section or as a standalone minor revision; provided, that it does not change the trip distribution. No change in access points that changes the trip distribution can be approved as a minor revision.

(e) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.

(f) A change to the internal lot lines that does not increase lot or unit count beyond the amount allowed for a minor revision.

(g) A change in the aggregate area of designated open space that does not decrease the amount of designated open space by more than 10 percent. Under no circumstances shall the quality or amount of designated open space be decreased to an amount that is less than that required by code.

(h) A change not addressed by the criteria in subsections (1)(a) through (g) of this section which does not substantially alter the character of the approved development application or site plan and prior approval.

(2) A minor revision to an approved nonresidential development application is limited to the following when compared to the original development application; provided, that there is no change in the proposed type of development or use or no more than a 10 percent increase in trip generation:

(a) A utility structure shall be limited to no more than a 400-square-foot increase in the gross floor area.

(b) All other structures shall be limited to no more than a 10 percent increase in the gross floor area.

(c) A change in access points when combined with subsection (2)(a) or (b) of this section or as a standalone minor revision.

(d) A change which does not substantially alter the character of the approved development application or site plan and prior approval.

(3) A minor revision may be approved subject to the following:

(a) An application for a minor revision shall be submitted on forms approved by the community development department. An application for a minor revision shall not be accepted if a variance is required to accomplish the change to the approved development.

(b) An application for a minor revision shall be accompanied by any fees specified in Chapter 22G.030 MMC.

(c) An application for a minor revision shall require notification of the relevant city departments and agencies.

(d) An application for a minor revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.

(e) The director shall grant approval of the request for a minor revision if it is determined that the minor revision does not substantially alter:

(i) The previous approval of the development application;

(ii) The final conditions of approval; or

(iii) The public health, safety and welfare.

(f) A minor revision shall be properly documented as a part of the records for the approved development application.

(g) A minor revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:

(i) Preliminary approval for subdivisions or short subdivisions; or

(ii) Approval for all other development applications.

(4) The final determination of what constitutes a minor revision shall be made by the community development director. (Ord. 2981 § 5, 2015; Ord. 2852 § 10 (Exh. A), 2011).

22G.010.270 Major revisions to approved residential development applications.

The purpose and intent of this section is to provide a process for major revisions to approved residential development applications. Residential development applications shall include short subdivisions, subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments. For the purposes of this section, approved residential development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other residential development applications.

(1) A major revision to an approved residential development application is limited to the following when compared to the original development application, provided there is no change in the proposed type of development or use:

(a) Subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments shall be limited to the lesser of:

(i) A 20 percent increase in the number of lots or units; or

(ii) An additional 20 lots or units.

(b) A change in access points, when combined with subsection (1)(a) of this section.

(c) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.

(d) A change to the internal lot lines when combined with another criteria in subsection (1) of this section that does not increase lot or unit count beyond the amount allowed for a major revision.

(e) A change in the aggregate area of designated open space beyond that allowed as a minor revision; provided, that the decrease will not result in an amount that is less than that required by code.

(f) A change not addressed by the criteria in subsections (1)(a) through (e) of this section which does not substantially alter the character of the approved development application or site plan and prior approval.

(2) A major revision shall require processing through the same process as a new development application subject to the following:

(a) An application for a major revision shall be submitted on forms approved by the department. An application for a major revision shall not be accepted if a variance is required to accomplish the change to the approved development.

(b) An application for a major revision shall be accompanied by any fees specified in Chapter 22G.030 MMC.

(c) An application for a major revision shall require public notice pursuant to MMC 22G.010.090.

(d) An application for a major revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.

(e) The community development director or the hearing examiner shall grant approval of the major revision if it is determined that the major revision does not substantially alter:

(i) The previous approval of the development application;

(ii) The final conditions of approval; or

(iii) The public health, safety and welfare.

(f) A major revision shall be properly documented as a part of the records for the approved development application.

(g) A major revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:

(i) Preliminary approval for subdivisions or short subdivisions; or

(ii) Approval for all other residential development applications.

(3) The final determination of what constitutes a major revision shall be made by the community development director. (Ord. 2981 § 6, 2015).

22G.010.280 Revisions not defined as minor or major.

Any proposed revision to an approved development application that does not meet the criteria in MMC 22G.010.260 or MMC 22G.010.270 shall require a new development application and a new completeness determination. The new application shall conform to the development regulations which are in effect at the time the new development application is determined complete. (Ord. 2981 § 7, 2015).

22G.010.290 Supplemental information.

(1) The department may cease processing of a complete application while awaiting supplemental information which is found to be necessary for continued review subsequent to the initial screening by the department.

(2) The department shall set a reasonable deadline for the submittal of such supplemental information and shall provide written notification to the applicant by certified mail. An extension of such deadline may be granted upon submittal by the applicant of a written request providing satisfactory justification for an extension.

(3) Failure by the applicant to meet such deadline shall be cause for the department to cancel/deny the application.

(4) When granting a request for a deadline extension, the department shall give consideration to the number of days between receipt by the department of a written request for a deadline extension and the mailing to the applicant of the department’s decision regarding that request. (Ord. 2981 § 8, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.270).

22G.010.300 Oath of accuracy.

The applicant shall attest by written oath to the accuracy and completeness of all information submitted for an application. (Ord. 2981 § 9, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.280).

22G.010.310 Limitations on refiling of applications.

Upon denial by the city council of a zone reclassification or a conditional use permit, no new application for substantially the same proposal shall be accepted within one year from the date of denial. (Ord. 2981 § 10, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.290).

Article V. Code Compliance and Director Review Procedures

22G.010.320 Code compliance review – Actions subject to review.

The following actions shall be subject to administrative review by the community development director, or designee, for determining compliance with the provisions of this title and/or any applicable development conditions which may affect the proposal:

(1) Building permits;

(2) Grading permits; and

(3) Temporary use permits. (Ord. 2981 § 11, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.300).

22G.010.330 Decisions and appeals.

(1) The community development director shall approve with conditions or deny permits based on compliance with this title and any other development conditions affecting the proposal.

(2) Community development director decisions may be appealed to the hearing examiner.

(3) Permits approved through code compliance review shall be effective for the time periods and subject to the terms set out as follows:

(a) Building permits shall comply with the International Building Code as adopted by the city of Marysville;

(b) Grading permits shall comply with Chapter 22D.050 MMC and the International Building Code as adopted by the city of Marysville; and

(c) Temporary use permits shall comply with Chapter 22C.110 MMC. (Ord. 2981 § 12, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.310).

22G.010.340 Actions subject to review.

The following action shall be subject to the community development director review procedures set forth in this chapter:

(1) Applications for conditional uses. (Ord. 2981 § 13, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.320).

22G.010.350 Notice requirements and comment period.

(1) The department shall provide published, posted and mailed notice pursuant to Article II of this chapter, Public Notice Requirements, for all applications subject to community development director review.

(2) Written comments and materials regarding applications subject to community development director review procedures shall be submitted within 15 days of the date of published notice or the posting date, whichever is later. (Ord. 2981 § 14, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.330).

22G.010.360 Decision or public hearing required.

Following the comment period provided in MMC 22G.010.350, the community development director shall:

(1) Review the information in the record and render a decision pursuant to MMC 22G.010.380; or

(2) Forward the application to the hearing examiner for public hearing, if:

(a) Adverse comments are received from at least five persons or agencies during the comment period which are relevant to the decision criteria of Article VI of this chapter, or state specific reasons why a hearing should be held; or

(b) The community development director determines that a hearing is necessary to address issues of vague, conflicting or inadequate information, or issues of public significance. (Ord. 2981 § 15, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.340).

22G.010.370 Additional requirements prior to hearing.

When a hearing before the hearing examiner is deemed necessary by the community development director:

(1) Application processing shall not proceed until the supplemental permit review fees set forth in the MMC are received; and

(2) The application shall be deemed withdrawn if the supplemental fees are not received within 30 days of applicant notification by the department. (Ord. 2981 § 16, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.350).

22G.010.380 Decision regarding proposal.

Decisions regarding the approval or denial of proposals subject to community development director review pursuant to MMC 22G.010.340 shall be based upon compliance with the required showings of Article VI of this chapter, Land Use Application – Decision Criteria. (Ord. 2981 § 17, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.360).

22G.010.390 Time limitations.

Permit approvals which are subject to review per MMC 22G.010.340 shall have a time limit of two years from issuance or date of the final appeal decision, whichever is applicable, in which any required conditions of approval must be met; however, conditional use approval for schools shall have a time limit of five years. The time limit may be extended one additional year by the community development director or the hearing examiner if the applicant provides written justification prior to the expiration of the time limit. For the purpose of this chapter, “issuance or date” shall be the date the permit is issued or date upon which the hearing examiner’s decision is issued on an appeal of a permit, whichever is later. A permit is effective indefinitely once any required conditions of approval have been met.

Exception: Effective until December 31, 2011, a one-time, 36-month time extension, less any previously approved one-year extension, may be granted by the community development director for any unexpired conditional use permit approved prior to December 31, 2009, if the applicant or successor:

(1) Files with the community development director a sworn and notarized declaration that final conditional use permit approval will be delayed as a result of adverse market conditions and an inability of the applicant to secure financing; and

(2) Is current on all invoices for work performed by the department on the conditional use permit review. (Ord. 2981 § 18, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.370).

Article VI. Land Use Application – Decision Criteria

22G.010.400 Purpose.

The purposes of this section are to allow for consistent evaluation of land use applications and to protect nearby properties from the possible effects of such requests by:

(1) Providing clear criteria on which to base a decision;

(2) Recognizing the effects of unique circumstances upon the development potential of a property;

(3) Avoiding the granting of special privileges;

(4) Avoiding development which may be unnecessarily detrimental to neighboring properties;

(5) Requiring that the design, scope and intensity of development are in keeping with the physical aspects of a site and adopted land use policies for the area; and

(6) Providing criteria which emphasize protection of the general character of neighborhoods. (Ord. 2981 § 19, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.380).

22G.010.410 Temporary use permit.

A temporary use permit shall be granted by the city only if the applicant demonstrates that:

(1) The proposed temporary use will not be materially detrimental to the public welfare;

(2) The proposed temporary use is compatible with existing land use in the immediate vicinity in terms of noise and hours of operation;

(3) Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

(4) The proposed temporary use is not otherwise permitted in the zone in which it is proposed. (Ord. 2981 § 20, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.390).

22G.010.420 Variance.

(1) A variance shall be granted by the city only if the applicant demonstrates all of the following:

(a) The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;

(b) The variance is necessary because of the unique size, shape, topography, or location of the subject property;

(c) The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

(d) The need for the variance is not the result of deliberate actions of the applicant or property owner;

(e) The variance does not create health and safety hazards;

(f) The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;

(g) The variance does not allow the creation of lots or densities that exceed the base residential density for the zone;

(h) The variance is the minimum necessary to grant relief to the applicant;

(i) The variance from setback or height requirements does not infringe upon or interfere with easements; and

(2) In granting any variance, the city may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted is a violation of this title and punishable under MMC Title 4. (Ord. 2981 § 21, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.400).

22G.010.430 Conditional use permit.

A conditional use permit shall be granted by the city only if the applicant demonstrates that:

(1) The conditional use is designed in a manner which is compatible with the character and appearance of the existing or proposed development in the vicinity of the subject property;

(2) The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

(3) The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property, and will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan of development of Marysville and its environs;

(4) Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;

(5) The conditional use will not endanger the public health or safety if located where proposed and developed, and the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare, or vibration;

(6) The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

(7) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities;

(8) The use meets all required conditions and specifications set forth in the zone where it proposes to locate;

(9) The use will not be injurious or detrimental to adjoining or abutting property, or that the use is a public necessity;

(10) In addition, the city may impose specific conditions precedent to establishing the use and conditions may include:

(a) Increasing requirements in the standards, criteria or policies established by this title;

(b) Stipulating the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic;

(c) Requiring structural features or equipment essential to serve the same purposes as set forth in subsection (10)(b) of this section;

(d) Imposing conditions similar to those set forth in subsections (10)(b) and (c) of this section, as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance-generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, and physical hazards; and

(11) A conditional use permit to site a secure community transition facility must comply with the following additional criteria:

(a) Before issuance of a conditional use permit, the applicant shall have complied with all applicable requirements for the siting of an essential public facility;

(b) The siting of a secure community transition facility must comply with all provisions of state law, including requirements for public safety, staffing, security, and training, and those standards must be maintained during the duration of the use;

(c) A secure community transition facility should be located on property of sufficient size and frontage to allow the residents an opportunity for secure on-site recreational activities typically associated with daily needs and residential routines;

(d) If state funds are available, the Department of Social and Health Services should enter into a mitigation agreement with the city of Marysville for training and the costs of that training with local law enforcement and administrative staff, and local government staff, including training in coordination, emergency procedures, program and facility information, legal requirements, and resident profiles;

(e) The applicant must show that the property meets all above requirements and, further, if more than one site is being considered, preference must be given to the site furthest removed from risk potential activities or facilities. (Ord. 2981 § 22, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.410).

22G.010.440 Rezone criteria.

(1) A zone reclassification shall be granted only if the applicant demonstrates that the proposal is consistent with the comprehensive plan and applicable functional plans and complies with the following criteria:

(a) There is a demonstrated need for additional zoning as the type proposed;

(b) The zone reclassification is consistent and compatible with uses and zoning of the surrounding properties;

(c) There have been significant changes in the circumstances of the property to be rezoned or surrounding properties to warrant a change in classification;

(d) The property is practically and physically suited for the uses allowed in the proposed zone reclassification.

(2) Property at the edges of land use districts can make application to rezone property to the bordering zone without applying for a comprehensive plan map amendment if the proponent can demonstrate:

(a) The proposed land use district will provide a more effective transition point and edge for the proposed land use district than strict application of the comprehensive plan map would provide due to neighboring land uses, topography, access, parcel lines or other property characteristics;

(b) The proposed land use district supports and implements the goals, objectives, policies and text of the comprehensive plan more effectively than strict application of the comprehensive plan map; and

(c) The proposed land use change will not affect an area greater than 10 acres, exclusive of critical areas. (Ord. 2981 § 23, 2015; Ord. 2898 § 17, 2012; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.420).

22G.010.450 Rezone and review procedures.

(1) General Procedures. A rezone requires a two-step approval process:

(a) The preliminary plan and rezone application are considered together through the normal rezone process; and

(b) A final plan is reviewed administratively after the rezone has been approved. No development permits shall be issued until a final plan has been approved by the city.

(2) Alternative Procedure – Concurrent Rezone, and Preliminary Subdivision/Binding Site Plan. Concurrent applications for rezone and preliminary subdivision/binding site plan may be made; provided, that all items required for the entirety of the rezone site are submitted at the time application is made. The rezone application and preliminary subdivision/binding site plan shall be processed as a master permit application.

(3) City-Initiated Rezone – Alternative Procedure. When recommended by the city comprehensive plan, the city may initiate rezoning as part of the comprehensive plan implementation process. When this alternative is exercised, the provisions of subsections (1) and (2) of this section shall be waived. Prior to development of the site, the developer shall submit a final development plan and fees as required by city codes to the community development department for review and approval. (Ord. 2981 § 24, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.430).

22G.010.460 Home occupation permit.

A home occupation permit shall be granted by the city only if the applicant demonstrates that the home occupation will be conducted in compliance with the provisions of Chapter 22C.190 MMC. (Ord. 2981 § 25, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.440).

22G.010.470 Continuing jurisdiction.

The hearing examiner shall retain continuing jurisdiction over all variances and conditional use permits. Upon a petition being filed by any person with a substantial and direct interest in a variance or conditional use permit, or by any public official, alleging that a condition has been violated or that modifications to the variance or conditional use permit are necessary, the hearing examiner may call a public hearing for the purpose of reviewing that variance or conditional use permit. Notice of the public hearing shall be as provided in accordance with MMC 22G.010.110. Immediately upon a petition for review being accepted by the hearing examiner, the community development director may, for good cause shown, issue a stop work order to temporarily stay the force and effect of all or any part of the variance or conditional use permit in question until such time as the review is finally adjudicated. Following a hearing, the hearing examiner may reaffirm, modify or rescind all or any part of the variance or conditional use permit being reviewed. Appeal of the hearing examiner decision shall be to the superior court pursuant to MMC 22G.010.560. (Ord. 2981 § 26, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.450).

22G.010.480 Cancellation of decisions.

The decision of the city granting a permit or a variance shall be canceled and automatically become null and void if the owner of the subject property has not obtained a building permit and/or occupancy permit in compliance with the decision within two years from the date of the decision. (Ord. 2981 § 27, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.460).

22G.010.490 Transfer of ownership.

A variance or conditional use permit runs with the land. Compliance with the conditions of any such variance or permit is the responsibility of the current owner of the property, whether that be the applicant or a successor. (Ord. 2981 § 28, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.470).

Article VII. Text Amendments to MMC Title 22

22G.010.500 Purpose.

After reviewing the planning commission’s recommendation concerning a proposed text amendment to MMC Title 22, the city council may amend, supplement, or change by ordinance any of the provisions in this title. (Ord. 2981 § 29, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.480).

22G.010.510 Authority and application.

Amendments to the text of this title may be initiated by the city council, the planning commission, city staff, or petition submitted by a citizen. (Ord. 2981 § 30, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.490).

22G.010.520 Required findings.

Amendments to the text of this title may be made if all the following findings are made:

(1) The amendment is consistent with the purposes of the comprehensive plan;

(2) The amendment is consistent with the purpose of this title;

(3) There have been significant changes in the circumstances to warrant a change;

(4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action. (Ord. 2981 § 31, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.500).

22G.010.530 Burden of proof.

The applicant must demonstrate that the proposed amendment meets the conditions of the required findings in MMC 22G.010.520. (Ord. 2981 § 32, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.510).

Article VIII. Appeals

22G.010.540 Appeal process – General description.

(1) Only a single open record hearing will be held on any development project permit application. Administrative decisions are appealable to the hearing examiner. The hearing examiner will conduct a public hearing in which public testimony and new information may be presented (open record hearing).

(2) Appeals of hearing examiner’s decisions shall be made to superior court as provided in MMC 22G.010.560. (Ord. 2981 § 33, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.520).

22G.010.550 Appeal of administrative interpretations and approvals.

(1) Administrative interpretations and administrative approvals may be appealed by applicants or aggrieved adjacent property owners to the hearing examiner. Appeals shall be filed within 14 days of the notice of decision.

(2) Filing. Appeals of administrative interpretations and administrative approvals shall be filed in writing with the director within 14 calendar days following the date of the director’s decision and shall be accompanied by the appropriate filing fee.

(3) Grounds for Appeal. The grounds for reconsideration of a hearing examiner decision or for filing an appeal of an administrative decision shall be limited to the following:

(a) The examiner/director exceeded his jurisdiction;

(b) The examiner/director failed to follow the applicable procedure in reaching his decision;

(c) The examiner/director committed an error of law or misinterpreted the applicable city regulation, ordinance or other state law or regulation;

(d) The examiner’s/director’s findings, conclusions and/or conditions are not supported by the record; and/or

(e) Newly discovered evidence alleged to be material to the examiner’s decision which could not reasonably have been produced prior to the examiner’s/director’s decision.

Requests for reconsideration may use the additional grounds:

(f) Changes to the application proposed by the applicant in response to deficiencies identified in the decision.

(4) Contents of Appeal. The notice of appeal shall contain a concise statement identifying:

(a) A detailed statement of the grounds for appeal, making reference to each finding, conclusion, or condition which is alleged to contain error;

(b) A detailed statement of the facts upon which the appeal is based;

(c) The name and address of the appellant and his interest(s) in the matter;

(d) The appeals fee.

(5) Within 21 calendar days following timely filing of a complete appeal with the city, notice of the date, time, and place for hearing examiner consideration shall be mailed to the appellant, to the examiner, and to all other parties of record.

(6) All appeal proceedings shall be limited to those issues expressly raised in a timely written appeal.

(7) The director’s decisions which have been timely appealed shall go to the hearing examiner for consideration within no sooner than 21 nor longer than 60 days from the date the appeal was filed. Said appeal shall be conducted as an open record hearing. Public comment and testimony shall be heard at such public hearing. (Ord. 2981 § 34, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.530).

22G.010.560 Judicial appeal.

(1) Appeals from the final decision of the hearing examiner, or other city board or body involving MMC Title 22 and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County superior court pursuant to the Land Use Petition Act, Chapter 36.70C RCW, within 21 days of the date the decision or action became final, unless another applicable appeal process or time period is established by state law or local ordinance.

(2) Notice of the appeal and any other pleadings required to be filed with the court shall be served as required by law within the applicable time period. This requirement is jurisdictional.

(3) The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be prepared by the city or such qualified person as it selects. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant. (Ord. 2981 § 35, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.540).