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Darrington City Zoning Code

CHAPTER 17

116 - APPEAL PROCESSES

17.116.010 - Time for filing appeal.

A.

Except for shoreline permits which are appealable to the state shorelines hearings board, all notices of appeal of Type 2 land use decisions and Type 4 decisions made by the board of architectural review or planning commission shall be filed within fourteen calendar days from the date of issuance of the notice of decision; provided that the appeal period shall be extended for an additional seven calendar days if the project involves any one or more of the following situations:

1.

There is another agency with jurisdiction as defined in WAC 197-11-714(3);

2.

The project involves the demolition of any structure or facility that is not categorically exempt under WAC 197-11-800(2)(F) OR 197-11-880;

3.

The project involves a clearing and grading permit not categorically exempt under WAC 197-11-800 through 197-11-880;

4.

A mitigated declaration of nonsignificance was issued for the project pursuant to WAC 197-11-350;

5.

A declaration of significance for the project has been withdrawn pursuant to WAC 197-11-360(4) and replaced by a declaration of nonsignificance.

B.

The town planner shall file any appeal from a code interpretation issued by the town planner within fourteen days of the date of issuance of a final code interpretation.

C.

Except as specifically provided in this chapter, no administrative appeals are permitted or required for Type 1, 2, 3, 4, or 5 land use decisions.

(Ord. 541 § 1 (part), 1999)

17.116.020 - Dismissal of untimely appeals.

On its own motion or on the motion of party, the department or any hearing body shall dismiss an appeal for untimeliness or lack of jurisdiction.

(Ord. 541 § 1 (part), 1999)

17.116.030 - Notice of appeal—Contents.

A.

Every notice of appeal shall contain the following information:

1.

The name of the appealing party;

2.

The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf;

3.

A statement identifying the decision being appealed and the alleged errors in that decision. The notice of appeal shall state specific errors of fact or errors in application of the law in the decision being appealed the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the notice of appeal.

B.

The notice of appeal shall be distributed by the department to the body designated to hear the appeal and to parties of record pursuant to DMC Section 17.112.020A.

(Ord. 541 § 1 (part), 1999)