17.80.390 Appeals | Stanwood Municipal Code

17.80.390 Appeals.

(1) Processing of Appeals. Appeals of decisions on permits shall be processed according to the procedures outlined in this section. The decision maker on the appeal may reverse or affirm or modify the decision, if it is found the original decision was based on faulty facts or incorrect application of the law. Any modifications to the decision shall be limited to those necessary to ensure the decision criteria of this title are met.

(2) Effect of Appeal. Decisions on Type I, Type II, Type III, and Type IV permits are assumed valid unless overturned by an appeal decision. An appeal stays all actions by the director seeking enforcement of or compliance with the order or decision appealed from, unless the director finds that a stay would, in their opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed except by order of the hearing examiner, Shorelines Hearings Board or a court with jurisdiction.

(3) Consolidated Appeals. All appeals of permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal (RCW 36.70B.060(6), 43.21C.075).

(4) SEPA Appeals. Appeals shall only be of the determination of nonsignificance or mitigated determination of nonsignificance, or final determination if issued. See SMC 17.149.070 for SEPA and agency decisions.

(5) Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as outlined in the city’s most current fee resolution, and contain the following information:

(a) Appeals must be submitted with a completed appeal form;

(b) Facts demonstrating that the person is adversely affected by the decision;

(c) A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria;

(d) The specific relief requested; and

(e) Any other information reasonably necessary to make a decision on the appeal.

(6) Appeal Standing. The project applicant or any person who submitted written comments or testified at a public hearing on the application has standing to appeal the decision if comments were provided prior to the date the decision was issued. Appeals shall be submitted to the community development department no later than 4:00 p.m. on the last day of the appeal period. The cost of appeal hearing shall be borne by the appellant.

(7) Appeal Hearing. Appeals shall be heard and processed according to Table 7, Appeal Procedures. The city does not provide closed record appeals.

Table 7 – Appeal Procedures
Permit Type:	I	II	III	IV	V
Permit Decision Maker	Admin	Admin	HE	CC	CC
Local/Administrative Open Record Appeals
Appeal Period	14 Days	14 Days	None	None	None
Appeal Body	HE	HE
Appeal Type	Open Record	Open Record
Time Period to Complete Appeal	90 Days	90 Days
Time Period for Written Decision After the Hearing Is Closed	14 Days	14 Days
SEPA Open Record Appeals
Appeal Period	14 Days	14 Days	14 Days
Appeal Body	HE	HE	HE
Judicial Appeals
Appeal of HE Decision	Snohomish County Superior Court
Appeal Period	21 Days per Chapter 36.70C RCW
Shoreline Appeals
Appeal Body	Pursuant to RCW 90.58.140
Time Period to Appeal	Pursuant to RCW 90.58.140
Notes:
Admin = Administrative Decision	CC = City Council
HE = Hearing Examiner

(8) Notice of Appeal. A hearing before the designated appeal body, as established in Table 7, Appeal Procedures, shall be set and the hearing notice shall be mailed or emailed to the appellant, the applicant, and all parties of record. Notice shall be mailed or emailed no less than 10 days prior to the appeal hearing.

(9) Public Hearing. The hearing examiner shall conduct an open record hearing per Table 7, Appeal Procedures. The appellant, the applicant, and the city shall be designated parties to the appeal. Each party may participate in the appeal hearing by presenting testimony or calling witnesses to present testimony. Interested persons, groups, associations, or other entities who have not appealed may participate only if called by one of the parties to present information or to present testimony on a consolidated application; provided, that the examiner may allow nonparties to present relevant testimony if allowed under the examiner rules of procedure.

(10) Decision on Appeal. The hearing examiner shall issue a written decision to grant, grant with modifications, or deny the appeal. The hearing examiner may grant the appeal or grant the appeal with modification if:

(a) The appellant has carried the burden of proof; and

(b) The examiner finds that the decision is not supported by a preponderance of the evidence.

(11) Decision of Appeal. The city shall issue a written decision of appeal within 10 business days of the appeal body’s final action to the parties of record disclosing whether the appeal is upheld or denied.

(12) Judicial Appeals. The city’s final decision on an application (excepting shoreline permit decisions) may be appealed by a party of record with standing by filing a land use petition in Snohomish County Superior Court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW.

(13) Exhaustion of Administrative Remedies. No action to obtain judicial review may be commenced unless all rights of administrative appeal provided by this chapter or state law have been exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. A copy of each transcript prepared by an appellant shall be submitted to the city for confirmation of its accuracy. (Ord. 1499 § 6 (Exh. F), 2021).