Chapter 21.40
PUBLIC NOTICE REQUIREMENTS

Sections:

21.40.010    Notice of development application.

21.40.020    Notice of public hearing.

21.40.030    Notice of appeal hearings.

21.40.040    Notice of decision.

21.40.010 Notice of development application.

A.    Within fourteen days of issuing a letter of completeness under MMC 21.30.040, the city shall issue a notice of development application. The notice shall include, but not be limited to, the following:

1.    The name of the applicant.

2.    Date of application.

3.    The date of the letter of completeness.

4.    The location of the project.

5.    A project description.

6.    A list of the permits included in the application, a list of any required studies, and to the extent known by the city, a list of other permits needed for the project but not included in the application.

7.    A public comment period neither less than fourteen nor more than thirty days.

8.    Identification of existing environmental documents and the location at which the application and any studies done in connection with the application may be reviewed.

9.    A city staff contact and phone number.

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

11.    A statement that the decision on the application will be made within one hundred twenty days of the date of the letter of completeness.

B.    The notice of development application shall be posted on the subject property and published once in a newspaper of general circulation.

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

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

1.    Application for building permits.

2.    Application for lot line adjustments.

3.    Application for administrative approvals, other than short plats. (Ord. 003/2006 § 10; Ord. 001/2003; Ord. 1227, 2001; Ord. 1092, 1996)

21.40.020 Notice of public hearing.

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

A.    Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under MMC Titles 17 through 20 shall be made by:

1.    Publication at least fifteen 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

2.    The city shall mail a notice of the proposed application to owners identified by Snohomish County assessor records as owning property within five hundred feet of the property. The mailing shall take place at least fifteen days before any pending action by the city, to allow for public comment; and

3.    Posting at least fifteen 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; and

4.    Failure to provide all three types of notice will not necessarily prevent the hearing. It shall be at the discretion of the hearing examiner as to whether notice was reasonable and adequate.

B.    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.

C.    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. 033/2008 § 8; Ord. 001/2003; Ord. 1227, 2001; Ord. 1092, 1996)

21.40.030 Notice of appeal hearings.

In addition to the posting and publication requirements of MMC 21.40.020, notice of appeal hearings shall be as follows:

A.    For administrative approvals of lot boundary adjustments and short plats, notice shall be mailed to parties of record.

B.    For planning commission recommendations on quasi-judicial actions, notice shall be mailed to parties of record from the planning commission public hearing.

C.    For all recommendations and decisions of the hearing examiner, notice shall be mailed to parties of record from the hearing examiner public hearing. (Ord. 003/2006 § 11; Ord. 022/2004; Ord. 001/2003; Ord. 1227, 2001; Ord. 1092, 1996)

21.40.040 Notice of decision.

A written notice for all final decisions and hearing examiner recommendations shall be sent to the applicant and all parties of record within five working days of city receipt, via United States mail, of the decision by the hearing examiner or other hearing body. (Ord. 001/2003; Ord. 1227, 2001; Ord. 1092, 1996)