Chapter 20.06
APPEALS
Sections:
20.06.001 Appeal of administrative decisions.
20.06.002 Appeal of quasi-judicial decisions.
20.06.004 Consolidation of appeals.
20.06.005 Standing to initiate appeals.
20.06.006 Procedural and substantive guidelines.
20.06.001 Appeal of administrative decisions.
The following administrative permit decisions, as outlined in Table 20.01.004, shall be appealable as follows:
|
Administrative Permit or Approval: |
Quasi-Judicial Appeal Body: |
|---|---|
|
Sensitive areas review and |
Hearing Examiner |
|
Floodplain review and mitigation |
Hearing Examiner |
|
Design review conditions |
Hearing Examiner |
|
Clearing and grading permits |
Hearing Examiner |
|
Shoreline substantial |
State Shoreline Hearings Board |
(Ord. 1172 § 29, 2002: Ord. 989 § 1 (part), 1996).
20.06.002 Appeal of quasi-judicial decisions.
The following quasi-judicial permit decisions, as outlined in Table 20.01.004, shall be appealable to quasi-judicial bodies.
|
Quasi-Judicial Permit |
Quasi-Judicial |
|---|---|
|
Shoreline variances |
State Shorelines Board |
|
Shoreline conditional use permits |
State Shorelines Board |
(Ord. 989 § 1 (part), 1996).
20.06.003 Judicial appeals.
Any final decision by the city, including administrative and quasi-judicial decisions and/or administrative and quasi-judicial appeal decisions, as outlined in Table 20.01.004, may be appealed to the King County superior court within 21 days of North Bend’s final decision on a permit(s). (Ord. 989 § 1 (part), 1996).
20.06.004 Consolidation of appeals.
All local appeals of administrative and quasi-judicial development permit decisions, other than an appeal of determination of significance (“DS”), shall be considered together in one consolidated closed record appeal. Local open record appeals shall be heard only if no open record hearing was held. Local appeals shall be heard by the highest local authority for any specific decision to be appealed, which are, in descending order, the city council and board of adjustment. (Ord. 989 § 1 (part), 1996).
20.06.005 Standing to initiate appeals.
A. Judicial Appeal of Project Permits. Judicial appeals of project permits are subject to the Land Use Petition Act (LUPA), Chapter 36.70C RCW. Standing for such actions is as set forth therein. All available administrative remedies must be exhausted prior to initiating a judicial appeal.
B. Appeal of an Administrative or Quasi-Judicial Decision on Project Permits and Approvals. Appeals of administrative and quasi-judicial decisions on project permits and approvals pursuant to NBMC 20.06.001 may only be initiated by parties of record. “Parties of record” shall mean:
1. The applicant or the city;
2. Any person who testified at the open record public hearing on the application; or
3. Any person who timely submitted individual written comments concerning a project permit application subject to an open record public hearing or other quasi-judicial matter. (Ord. 1441 § 1, 2011: Ord. 989 § 1 (part), 1996).
20.06.006 Procedural and substantive guidelines.
A. Timing. An appeal of a local administrative or quasi-judicial decision, including decisions made by city appeal bodies, and judicial appeals to superior court must be filed within 21 calendar days following the business day after issuance of the city’s final decision (either the notice of decision or local appeal decision). Administrative appeals must be delivered to the community services department by mail or personal delivery before 5:00 p.m. on the last day of the appeal period. If the twenty-first day is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by city ordinances as a legal holiday, the twenty-first day shall constitute the first business day after said Saturday, Sunday, or legal holiday.
B. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:
1. Appellant’s name, address, and phone number;
2. Appellant’s statement describing his or her standing to appeal;
3. Identification of the development application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
C. Effect. The timely filing of an appeal shall stay the effective date of the city council’s, zoning board of adjustment’s, or (city) shorelines board decision until such time as the appeal is adjudicated or withdrawn.
D. Notice of Appeal. The director of community services or his/her designee shall provide public notice of the appeal to the applicant and to any persons who submitted written comments on the application as provided in NBMC 20.05.005(D)(1) and (D)(2).
E. Procedures.
1. The following sections of this title shall apply to a closed record appeal hearing:
a. NBMC 20.05.003, Ex parte communication;
b. NBMC 20.05.004, Burden and nature of proof;
c. NBMC 20.05.005, Decision and notice of decision;
d. NBMC 20.05.006(A)(4), 90-day decision for open record appeals; 60-day decision for closed record appeals.
2. Applicable closed record appeal hearings shall be on the record before the hearing examiner and no new evidence may be presented. (Ord. 1172 § 30, 2002; Ord. 989 § 1 (part), 1996).