(1) The purpose of this subtitle is to establish procedures for processing project permit applications and for adopting and amending comprehensive plans and development regulations. These procedures are intended to promote land use decisions that further the goals and policies of the comprehensive plan.

(2) This subtitle is adopted pursuant to the Local Project Review Act, chapter 36.70B RCW, and the GMA.

(3) This subtitle applies to all project permit applications, unless specifically exempted, and to legislative decisions, code interpretations, and other decisions on applications as specifically set forth herein.

(4) State agencies shall comply with the provisions of this subtitle pursuant to RCW 36.70A.103. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The following permit types are exempt from the requirements of this chapter, except for the submittal requirements of SCC 30.70.030, the consistency determination required by SCC 30.70.100, the notice of final decision provisions of SCC 30.70.125, the authority to condition or deny in SCC 30.70.130, and the expiration and vesting provisions of SCC 30.70.140, 30.70.300, and 30.70.310 shall apply:

(2) For purposes of this section, interior alterations include construction activities that do not modify the existing site layout or current use, and do not involve exterior work that adds to the building footprint. Building permits for interior alterations are exempt from site plan review provided the interior alterations do not result in:

(3) The following are exempt from the processing timelines within SCC 30.70.110: sign permits, code interpretations, and preapplication concurrency applications. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Amended Ord. 21-008, Apr. 7, 2021, Eff date Apr. 22, 2021; Amended by Amended Ord. 22-037, Sept. 28, 2022, Eff date Oct. 9, 2022; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) Any applicant or property owner may request a pre-application meeting. The applicant shall submit a pre-application meeting request on a form prepared by the department.

(2) The purpose of a pre-application meeting is to provide the department with preliminary information regarding the development proposal and to provide the applicant with preliminary information about development requirements, environmental issues, procedural requirements, known community concerns, and other relevant matters prior to the filing of a formal application.

(3) Pre-application meetings provide preliminary information only and are not intended to result in final actions or commitments by either the county or the applicant.

(4) The department shall prepare a pre-application submittal checklist that lists specific items or information requested for the meeting. When available, the applicant shall provide the information prior to the meeting.

(5) Within a reasonable time following a pre-application meeting, the department shall provide the applicant with a written summary of the issues discussed and specific instructions for submittal of a complete application, if any. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).

(1) Project permit applications and decisions identified in this section shall be processed according to this chapter and the following:

(2) Permit types identified in SCC 30.70.015 are not required to comply with chapters 30.71 or 30.72 SCC.

(3) All procedural requirements found elsewhere in Title 30 SCC continue to apply in addition to requirements identified in this chapter.

(1) The department shall establish and may revise written submittal requirements for each type of application or approval required by this title. The requirements shall be made available to the public in a checklist or other form that clearly describes the material that must be submitted for an application to be considered procedurally complete. Establishment of submittal requirements shall not be subject to the rulemaking process of chapter 30.82 SCC, but the department shall provide public notice of such changes 30 days prior to their effective date.

(2) Submittal requirements shall not be waived, except that the department may determine in writing that a particular requirement is not applicable upon a clear showing by the applicant that the requirement is not relevant to the proposed action and is not necessary to demonstrate compliance with applicable requirements.

(3) Additional materials may be required by the department as it determines necessary for review of the application. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) The department shall determine whether a project permit application is procedurally complete or incomplete within 28 calendar days after receiving an application. The determination shall be in writing and mailed, faxed, e-mailed, or delivered to the applicant or the applicant’s representative within the required time period, except as set forth in subsection (2) of this section. When an application is determined incomplete, the determination shall state what is necessary to make the application complete.

(2) An application is procedurally complete for the purposes of this section on the 29th calendar day after submittal if the department has not provided a written determination to the applicant within 28 calendar days of receiving the application.

(3) A written determination of procedural completeness shall, to the extent known by the department, identify other local, state, or federal agencies with jurisdiction. The department may include other information in the determination.

(4) A project permit application is procedurally complete for the purposes of this section when it meets the submittal requirements established by the department pursuant to SCC 30.70.030, including any requirements for environmental review pursuant to chapter 30.61 SCC. The county may require additional information or studies after a determination of completeness.

(5) If the department determines an application is procedurally incomplete and the applicant submits additional documents identified by the department as necessary for a procedurally complete application, the department shall notify the applicant within 14 days of the submittal that the application is procedurally complete or what additional information is necessary to make the application procedurally complete. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) When posting is required, the applicant shall post two or more signs which meet county standards in a conspicuous location on the property’s frontage abutting public rights-of-way. If the property does not abut a public right-of-way, the signs shall be placed on the property at the point of access and on the public right-of-way at the easement or private road that accesses the property. Posting shall conform to the following requirements:

(2) When publication is required, the department shall publish one notice in the official county newspaper.

(3) When mailing is required, notice may be provided either on a letter/legal size publication or post card.

(4) When mailing is required, the department shall mail notice to the following persons or entities:

(5) The county may provide additional public notice by notifying the news media and community organizations, by placing notices in neighborhood/community newspapers, appropriate regional, neighborhood, ethnic, or trade journals, or by publishing notice in agency newsletters or on the department or county web page.

(6) The department will recover the costs of notice required by this title from the applicant. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) The department shall provide notice of application within 14 days after a determination that the application is procedurally complete as specified in SCC Table 30.70.050(5). Required notice shall be given in accordance with SCC 30.70.045.

(2) A notice of application posted or published in the official county newspaper or provided by mail on a letter/legal size publication shall include the following information:

(3) Mailed notice of application may be provided on a post card.

(4) A post card notice shall contain the following information:

(1) The notice of application shall provide for a public and agency comment period of 21 days, except that for shoreline substantial development permits, shoreline conditional use permits, and shoreline variances, the comment period shall be 30 days. When notice is published, the comment period begins on the day following the date of publication in the official county newspaper.

(2) No decision on a Type 1 or Type 2 land use application shall be issued prior to the end of the public comment period set by the notice of application, except for a threshold determination of significance (DS) issued pursuant to chapter 30.61 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Any mailed notice required by this subtitle shall be deemed adequate where a good-faith effort has been made by the county to identify and mail a notice to each taxpayer of record and known site address.

(2) Notices mailed to taxpayers of record and known site addresses shall be deemed received by those persons if named in an affidavit or declaration of mailing executed by the department. The failure of any person to actually receive the notice shall not invalidate any permit or approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Public notice for project permit applications, SEPA documents, predecision hearings, and appeal hearings may be combined when practical, where such combined notice will expedite the permit review process, and where requirements of each individual notice are met by the combined notice.

(2) For projects requiring a predecision open record hearing and a SEPA threshold determination, the SEPA appeal notice shall provide that any appeal, should one be filed, will be heard at the predecision open record hearing. No additional notice of the SEPA appeal is required. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) When requested by an applicant, the county may allow a predecision hearing to be combined with a hearing that may be required by another local, state, regional, federal, or other agency for the same project. The timeline requirements of SCC 30.70.110 shall be mutually agreed upon by the applicant and department if necessary to combine the hearings. The combined hearing shall be conducted within the geographic boundary of the county.

(2) The hearing examiner shall have the discretion to determine the hearing procedure when county and agency hearings are combined and there are conflicting hearing procedures. In all cases, appeals and hearings shall be combined in a manner which retains applicable county procedure and allows for hearing and/or appeal before the hearing examiner. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) Pursuant to RCW 36.70B.040, the county shall review all project permit applications for consistency with applicable county development regulations or, in the absence of adopted development regulations, with the appropriate elements of the comprehensive plan or subarea plan adopted under chapter 36.70A RCW. In the consistency review, the county shall consider the following factors:

(2) No specific or separate documentation of consistency is required, except that for projects receiving a written report or other documentation from the department, consistency shall be documented in the report. For projects not requiring a written report, consistency shall be indicated on the permit or decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of final decision on a project permit application shall issue within the following timelines after the permit application is determined to be procedurally complete, unless otherwise provided by this section or state law:

(2) The number of calendar days an application is in review is calculated from the day procedural completeness is determined per SCC 30.70.040, to the date a final decision is issued on the project permit application.

(3) The time periods established by this section shall not apply to a project permit application:

(4) The time period for the county to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would result in the application failing to meet the determination of procedural completeness for the new use under SCC 30.70.040.

(5) Failure of the county to make a final decision within the timelines specified by this chapter shall not create liability for damages.

(6) Timelines for processing shoreline substantial development, shoreline conditional use and shoreline variance permits shall be in accordance with the provisions of this chapter unless otherwise specified in chapter 30.44 SCC.

(7) Timelines for processing personal wireless service facility permits shall be in accordance with the provisions of SCC 30.28A.030. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Emerg. Ord. 04-019, Feb. 11, 2004, Eff date Feb. 11, 2004; Amended by Amended Ord. 09-044 (veto overridden Sept. 8, 2009), Aug. 12, 2009, Eff date Sept. 18, 2009; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 18-011, Mar. 21, 2018, Eff date May 20, 2018; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) The department shall consolidate permit review for all project permit applications for the same proposal when each application is subject to a predecision public hearing and where all permit applications have been submitted concurrently.

(2) The applicant may request consolidated permit processing for applications that do not meet the requirements of subsection (1) of this section. If one or more of the permit applications is subject to the review time periods established in SCC 30.70.110, all consolidated permit applications shall be reviewed within the longest of the permit time periods identified in SCC 30.70.110, except as provided in subsection (3) of this section.

(3) When a project permit application subject to a timeline requirement established in SCC 30.70.110 is consolidated with a project permit application that is exempt from the timeline requirement under SCC 30.70.110(3), the timeline requirement shall not apply.

(4) A project permit application being reviewed under the consolidated process is subject to all requirements of permit application submittal, notice, processing, and approval that would otherwise apply if the permit were being processed as a separate application.

(5) A final decision on certain consolidated permit applications may be preliminary and contingent upon approval of other permits or actions considered in the consolidated permit process. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) Notice of a final decision for Type 1 permits shall be processed pursuant to SCC 30.71.040.

(2) Notice of a final decision for Type 2 permits shall be processed pursuant to SCC 30.72.062.

(3) Notice of a final decision for permit types identified in SCC 30.70.015 shall be provided to the applicant and parties of record by email unless an applicant or party of record did not provide an email address or requested notice via U.S. mail, in which case notice shall be by U.S. mail. The notice may be the decision or permit itself. (Added by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) This section shall apply to:

(2) SCC Table 30.70.140(1) establishes the expiration period for applications, approvals, and permits, except that:

(3) The applicant is responsible for monitoring the expiration periods for an application, approval, or permit. The county is not required to inform an applicant when an application, approval, or permit will expire or has expired.

(4) For minor revisions under SCC 30.70.210 and major revisions under SCC 30.70.220, the term of expiration for an application shall be 12 months and shall not extend the term of the corresponding development application approval or concurrency determination.

(1) The minor revision process is applicable to any approved Type 1 and Type 2 development application where an applicant requests a minor revision of the approved plans, except site plans submitted under SCC 30.28.086 and 30.28.105.

(2) Revisions to mixed-use and urban center development applications shall be considered nonresidential development applications for the purposes of this section.

(3) 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:

(4) 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 and no more than a 10 percent increase in trip generation, except a 20 percent increase in trip generation is allowed for K-12 public, private, and parochial schools:

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

(6) The final determination of what constitutes a minor revision shall be made by the director. (Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017; Amended by Ord. 21-011, Apr. 7, 2021, Eff date Apr. 22, 2021).

(1) The major revision process is applicable to any approved Type 1 and Type 2 residential development application where an applicant requests a major revision of the approved plans.

(2) 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:

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

(4) The final determination of what constitutes a major revision shall be made by the director. (Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017).

(1) Except for rezones, an application for a permit or approval type set forth in SCC Table 30.70.140(1) shall be considered under the development regulations in effect on the date a complete application is filed, pursuant to SCC 30.70.040. Provided, that projects under the authority of the director of the department of public works, the county engineer, or the director of the department of conservation and natural resources pursuant to SCC 30.63B.100 shall vest as of the date the county engineer or the surface water management engineering manager approves a design report or memorandum for the project.

(2)  Building permit or land disturbing activity permit applications that are subsequent and related to the development identified in an application listed in SCC 30.70.300(2)(a) through (n), shall vest to the development regulations in effect at the time a complete application listed in SCC 30.70.300(2)(a) through (n) is filed pursuant to SCC 30.70.040.

(3) For the purpose of this section, "development regulation" means those provisions of Title 30 SCC that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For the purpose of this section, "development regulation" does not include fees listed in Title 30 SCC or procedural regulations.

(4) A complete building permit application shall always be subject to that version of subtitle 30.5 SCC in effect at the time the building permit application is submitted.

(5) Notwithstanding any other provision in this section, any application dependent on approval of a rezone application shall not vest until the underlying rezone is approved. (Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021; Amended by Amended Ord. 21-008, Apr. 7, 2021, Eff date Apr. 22, 2021; Amended by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) The purpose of this section is to implement the requirement in the county’s National Pollutant Discharge Elimination System (NPDES) Phase I Municipal Stormwater Permit (Permit) that certain permits and permit applications must comply with updated stormwater drainage regulations, per the schedule and standards mandated by the Washington State Department of Ecology in the Permit. In the event this section conflicts with any other provision of Snohomish County Code, this section prevails.

(2) Approved permits and permit applications subject to pre-January 22, 2016, stormwater drainage regulations that have not started construction by July 1, 2021, must be revised by the project proponent to comply with updated stormwater drainage regulations that will be made effective by the county on July 1, 2021. For projects with a phasing plan, compliance with the started construction requirement will be assessed separately for each phase.

(3) Approved permits and permit applications subject to pre-July 1, 2021, stormwater drainage regulations in effect between January 22, 2016, and June 30, 2021, that have not started construction by July 1, 2026, must be revised by the project proponent to comply with updated stormwater drainage regulations that will be made effective by the county on July 1, 2021. For projects with a phasing plan, compliance with the started construction requirement will be assessed separately for each phase.

(4) For purposes of this section, "started construction" means either:

(5) For purposes of this section, "stormwater drainage regulations" are as described in SCC 30.63A.100. (Added by Amended Ord. 21-008, Apr. 7, 2021, Eff date Apr. 22, 2021).

(1) The purpose of this subtitle is to establish procedures for processing project permit applications and for adopting and amending comprehensive plans and development regulations. These procedures are intended to promote land use decisions that further the goals and policies of the comprehensive plan.

(2) This subtitle is adopted pursuant to the Local Project Review Act, chapter 36.70B RCW, and the GMA.

(3) This subtitle applies to all project permit applications, unless specifically exempted, and to legislative decisions, code interpretations, and other decisions on applications as specifically set forth herein.

(4) State agencies shall comply with the provisions of this subtitle pursuant to RCW 36.70A.103. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The following permit types are exempt from the requirements of this chapter, except for the submittal requirements of SCC 30.70.030, the consistency determination required by SCC 30.70.100, the notice of final decision provisions of SCC 30.70.125, the authority to condition or deny in SCC 30.70.130, and the expiration and vesting provisions of SCC 30.70.140, 30.70.300, and 30.70.310 shall apply:

(2) For purposes of this section, interior alterations include construction activities that do not modify the existing site layout or current use, and do not involve exterior work that adds to the building footprint. Building permits for interior alterations are exempt from site plan review provided the interior alterations do not result in:

(3) The following are exempt from the processing timelines within SCC 30.70.110: sign permits, code interpretations, and preapplication concurrency applications. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Amended Ord. 21-008, Apr. 7, 2021, Eff date Apr. 22, 2021; Amended by Amended Ord. 22-037, Sept. 28, 2022, Eff date Oct. 9, 2022; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) Any applicant or property owner may request a pre-application meeting. The applicant shall submit a pre-application meeting request on a form prepared by the department.

(2) The purpose of a pre-application meeting is to provide the department with preliminary information regarding the development proposal and to provide the applicant with preliminary information about development requirements, environmental issues, procedural requirements, known community concerns, and other relevant matters prior to the filing of a formal application.

(3) Pre-application meetings provide preliminary information only and are not intended to result in final actions or commitments by either the county or the applicant.

(4) The department shall prepare a pre-application submittal checklist that lists specific items or information requested for the meeting. When available, the applicant shall provide the information prior to the meeting.

(5) Within a reasonable time following a pre-application meeting, the department shall provide the applicant with a written summary of the issues discussed and specific instructions for submittal of a complete application, if any. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).

(1) Project permit applications and decisions identified in this section shall be processed according to this chapter and the following:

(2) Permit types identified in SCC 30.70.015 are not required to comply with chapters 30.71 or 30.72 SCC.

(3) All procedural requirements found elsewhere in Title 30 SCC continue to apply in addition to requirements identified in this chapter.

(1) The department shall establish and may revise written submittal requirements for each type of application or approval required by this title. The requirements shall be made available to the public in a checklist or other form that clearly describes the material that must be submitted for an application to be considered procedurally complete. Establishment of submittal requirements shall not be subject to the rulemaking process of chapter 30.82 SCC, but the department shall provide public notice of such changes 30 days prior to their effective date.

(2) Submittal requirements shall not be waived, except that the department may determine in writing that a particular requirement is not applicable upon a clear showing by the applicant that the requirement is not relevant to the proposed action and is not necessary to demonstrate compliance with applicable requirements.

(3) Additional materials may be required by the department as it determines necessary for review of the application. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) The department shall determine whether a project permit application is procedurally complete or incomplete within 28 calendar days after receiving an application. The determination shall be in writing and mailed, faxed, e-mailed, or delivered to the applicant or the applicant’s representative within the required time period, except as set forth in subsection (2) of this section. When an application is determined incomplete, the determination shall state what is necessary to make the application complete.

(2) An application is procedurally complete for the purposes of this section on the 29th calendar day after submittal if the department has not provided a written determination to the applicant within 28 calendar days of receiving the application.

(3) A written determination of procedural completeness shall, to the extent known by the department, identify other local, state, or federal agencies with jurisdiction. The department may include other information in the determination.

(4) A project permit application is procedurally complete for the purposes of this section when it meets the submittal requirements established by the department pursuant to SCC 30.70.030, including any requirements for environmental review pursuant to chapter 30.61 SCC. The county may require additional information or studies after a determination of completeness.

(5) If the department determines an application is procedurally incomplete and the applicant submits additional documents identified by the department as necessary for a procedurally complete application, the department shall notify the applicant within 14 days of the submittal that the application is procedurally complete or what additional information is necessary to make the application procedurally complete. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) When posting is required, the applicant shall post two or more signs which meet county standards in a conspicuous location on the property’s frontage abutting public rights-of-way. If the property does not abut a public right-of-way, the signs shall be placed on the property at the point of access and on the public right-of-way at the easement or private road that accesses the property. Posting shall conform to the following requirements:

(2) When publication is required, the department shall publish one notice in the official county newspaper.

(3) When mailing is required, notice may be provided either on a letter/legal size publication or post card.

(4) When mailing is required, the department shall mail notice to the following persons or entities:

(5) The county may provide additional public notice by notifying the news media and community organizations, by placing notices in neighborhood/community newspapers, appropriate regional, neighborhood, ethnic, or trade journals, or by publishing notice in agency newsletters or on the department or county web page.

(6) The department will recover the costs of notice required by this title from the applicant. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) The department shall provide notice of application within 14 days after a determination that the application is procedurally complete as specified in SCC Table 30.70.050(5). Required notice shall be given in accordance with SCC 30.70.045.

(2) A notice of application posted or published in the official county newspaper or provided by mail on a letter/legal size publication shall include the following information:

(3) Mailed notice of application may be provided on a post card.

(4) A post card notice shall contain the following information:

(1) The notice of application shall provide for a public and agency comment period of 21 days, except that for shoreline substantial development permits, shoreline conditional use permits, and shoreline variances, the comment period shall be 30 days. When notice is published, the comment period begins on the day following the date of publication in the official county newspaper.

(2) No decision on a Type 1 or Type 2 land use application shall be issued prior to the end of the public comment period set by the notice of application, except for a threshold determination of significance (DS) issued pursuant to chapter 30.61 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Any mailed notice required by this subtitle shall be deemed adequate where a good-faith effort has been made by the county to identify and mail a notice to each taxpayer of record and known site address.

(2) Notices mailed to taxpayers of record and known site addresses shall be deemed received by those persons if named in an affidavit or declaration of mailing executed by the department. The failure of any person to actually receive the notice shall not invalidate any permit or approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Public notice for project permit applications, SEPA documents, predecision hearings, and appeal hearings may be combined when practical, where such combined notice will expedite the permit review process, and where requirements of each individual notice are met by the combined notice.

(2) For projects requiring a predecision open record hearing and a SEPA threshold determination, the SEPA appeal notice shall provide that any appeal, should one be filed, will be heard at the predecision open record hearing. No additional notice of the SEPA appeal is required. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) When requested by an applicant, the county may allow a predecision hearing to be combined with a hearing that may be required by another local, state, regional, federal, or other agency for the same project. The timeline requirements of SCC 30.70.110 shall be mutually agreed upon by the applicant and department if necessary to combine the hearings. The combined hearing shall be conducted within the geographic boundary of the county.

(2) The hearing examiner shall have the discretion to determine the hearing procedure when county and agency hearings are combined and there are conflicting hearing procedures. In all cases, appeals and hearings shall be combined in a manner which retains applicable county procedure and allows for hearing and/or appeal before the hearing examiner. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) Pursuant to RCW 36.70B.040, the county shall review all project permit applications for consistency with applicable county development regulations or, in the absence of adopted development regulations, with the appropriate elements of the comprehensive plan or subarea plan adopted under chapter 36.70A RCW. In the consistency review, the county shall consider the following factors:

(2) No specific or separate documentation of consistency is required, except that for projects receiving a written report or other documentation from the department, consistency shall be documented in the report. For projects not requiring a written report, consistency shall be indicated on the permit or decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of final decision on a project permit application shall issue within the following timelines after the permit application is determined to be procedurally complete, unless otherwise provided by this section or state law:

(2) The number of calendar days an application is in review is calculated from the day procedural completeness is determined per SCC 30.70.040, to the date a final decision is issued on the project permit application.

(3) The time periods established by this section shall not apply to a project permit application:

(4) The time period for the county to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would result in the application failing to meet the determination of procedural completeness for the new use under SCC 30.70.040.

(5) Failure of the county to make a final decision within the timelines specified by this chapter shall not create liability for damages.

(6) Timelines for processing shoreline substantial development, shoreline conditional use and shoreline variance permits shall be in accordance with the provisions of this chapter unless otherwise specified in chapter 30.44 SCC.

(7) Timelines for processing personal wireless service facility permits shall be in accordance with the provisions of SCC 30.28A.030. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Emerg. Ord. 04-019, Feb. 11, 2004, Eff date Feb. 11, 2004; Amended by Amended Ord. 09-044 (veto overridden Sept. 8, 2009), Aug. 12, 2009, Eff date Sept. 18, 2009; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 18-011, Mar. 21, 2018, Eff date May 20, 2018; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) The department shall consolidate permit review for all project permit applications for the same proposal when each application is subject to a predecision public hearing and where all permit applications have been submitted concurrently.

(2) The applicant may request consolidated permit processing for applications that do not meet the requirements of subsection (1) of this section. If one or more of the permit applications is subject to the review time periods established in SCC 30.70.110, all consolidated permit applications shall be reviewed within the longest of the permit time periods identified in SCC 30.70.110, except as provided in subsection (3) of this section.

(3) When a project permit application subject to a timeline requirement established in SCC 30.70.110 is consolidated with a project permit application that is exempt from the timeline requirement under SCC 30.70.110(3), the timeline requirement shall not apply.

(4) A project permit application being reviewed under the consolidated process is subject to all requirements of permit application submittal, notice, processing, and approval that would otherwise apply if the permit were being processed as a separate application.

(5) A final decision on certain consolidated permit applications may be preliminary and contingent upon approval of other permits or actions considered in the consolidated permit process. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) Notice of a final decision for Type 1 permits shall be processed pursuant to SCC 30.71.040.

(2) Notice of a final decision for Type 2 permits shall be processed pursuant to SCC 30.72.062.

(3) Notice of a final decision for permit types identified in SCC 30.70.015 shall be provided to the applicant and parties of record by email unless an applicant or party of record did not provide an email address or requested notice via U.S. mail, in which case notice shall be by U.S. mail. The notice may be the decision or permit itself. (Added by Amended Ord. 24-087, Dec. 11, 2024, Eff date Jan. 5, 2025).

(1) This section shall apply to:

(2) SCC Table 30.70.140(1) establishes the expiration period for applications, approvals, and permits, except that:

(3) The applicant is responsible for monitoring the expiration periods for an application, approval, or permit. The county is not required to inform an applicant when an application, approval, or permit will expire or has expired.

(4) For minor revisions under SCC 30.70.210 and major revisions under SCC 30.70.220, the term of expiration for an application shall be 12 months and shall not extend the term of the corresponding development application approval or concurrency determination.

(1) The minor revision process is applicable to any approved Type 1 and Type 2 development application where an applicant requests a minor revision of the approved plans, except site plans submitted under SCC 30.28.086 and 30.28.105.

(2) Revisions to mixed-use and urban center development applications shall be considered nonresidential development applications for the purposes of this section.

(3) 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:

(4) 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 and no more than a 10 percent increase in trip generation, except a 20 percent increase in trip generation is allowed for K-12 public, private, and parochial schools:

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

(6) The final determination of what constitutes a minor revision shall be made by the director. (Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017; Amended by Ord. 21-011, Apr. 7, 2021, Eff date Apr. 22, 2021).

(1) The major revision process is applicable to any approved Type 1 and Type 2 residential development application where an applicant requests a major revision of the approved plans.

(2) 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:

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

(4) The final determination of what constitutes a major revision shall be made by the director. (Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017).

(1) Except for rezones, an application for a permit or approval type set forth in SCC Table 30.70.140(1) shall be considered under the development regulations in effect on the date a complete application is filed, pursuant to SCC 30.70.040. Provided, that projects under the authority of the director of the department of public works, the county engineer, or the director of the department of conservation and natural resources pursuant to SCC 30.63B.100 shall vest as of the date the county engineer or the surface water management engineering manager approves a design report or memorandum for the project.

(2)  Building permit or land disturbing activity permit applications that are subsequent and related to the development identified in an application listed in SCC 30.70.300(2)(a) through (n), shall vest to the development regulations in effect at the time a complete application listed in SCC 30.70.300(2)(a) through (n) is filed pursuant to SCC 30.70.040.

(3) For the purpose of this section, "development regulation" means those provisions of Title 30 SCC that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For the purpose of this section, "development regulation" does not include fees listed in Title 30 SCC or procedural regulations.

(4) A complete building permit application shall always be subject to that version of subtitle 30.5 SCC in effect at the time the building permit application is submitted.

(5) Notwithstanding any other provision in this section, any application dependent on approval of a rezone application shall not vest until the underlying rezone is approved. (Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021; Amended by Amended Ord. 21-008, Apr. 7, 2021, Eff date Apr. 22, 2021; Amended by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) The purpose of this section is to implement the requirement in the county’s National Pollutant Discharge Elimination System (NPDES) Phase I Municipal Stormwater Permit (Permit) that certain permits and permit applications must comply with updated stormwater drainage regulations, per the schedule and standards mandated by the Washington State Department of Ecology in the Permit. In the event this section conflicts with any other provision of Snohomish County Code, this section prevails.

(2) Approved permits and permit applications subject to pre-January 22, 2016, stormwater drainage regulations that have not started construction by July 1, 2021, must be revised by the project proponent to comply with updated stormwater drainage regulations that will be made effective by the county on July 1, 2021. For projects with a phasing plan, compliance with the started construction requirement will be assessed separately for each phase.

(3) Approved permits and permit applications subject to pre-July 1, 2021, stormwater drainage regulations in effect between January 22, 2016, and June 30, 2021, that have not started construction by July 1, 2026, must be revised by the project proponent to comply with updated stormwater drainage regulations that will be made effective by the county on July 1, 2021. For projects with a phasing plan, compliance with the started construction requirement will be assessed separately for each phase.

(4) For purposes of this section, "started construction" means either:

(5) For purposes of this section, "stormwater drainage regulations" are as described in SCC 30.63A.100. (Added by Amended Ord. 21-008, Apr. 7, 2021, Eff date Apr. 22, 2021).

(1) Requests to vacate a permit or variance shall be made in writing to the department of planning and development services.

(2) The director shall determine if the conditions in 30.43A.108 or 30.43B.128 are present prior to authorizing the vacation.

(3) Vacation of any permit or variance shall be documented by the filing of a notice of land use permit or variance vacation with the county auditor on a form provided by the department of planning and development services. (Added by Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005).

(1) If the director determines that a permit or approval is in material violation of this title, the director may initiate proceedings before the hearing examiner to review or revoke the permit or approval, in whole or in part.

(2) The hearing examiner shall hold a hearing in accordance with SCC 30.71.100. The director shall provide notice in accordance with SCC 30.70.050.

(3) The hearing examiner, upon good cause shown, may direct the department issue a stop work order to temporarily stay the force and effect of all or any part of an issued permit or approval until the final decision of the hearing examiner is issued.

(4) Review or revocation of a shoreline substantial development, shoreline conditional use or shoreline variance permit shall be in accordance with the provisions of chapter 30.44 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) Written notice of a department decision on a Type 1 application shall be mailed to the applicant and all parties of record in the manner prescribed in SCC 30.70.045. The notice may include a written staff report if one has been prepared.

(2) The notice shall specify the appeal process and time period for filing an appeal.

(3) The county may provide additional public notice of a decision by notifying the news media and community organizations, placing notices in appropriate regional, neighborhood, ethnic, or trade journals or neighborhood/community newspapers, or by publishing notice in agency newsletters or on the county or department web page. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-068, July 9, 2003, Eff date July 28, 2003).

(1) Who may appeal. Any aggrieved party of record may file an appeal of a Type 1 decision.

(2) Time and place to appeal. Appeals of a Type 1 decision, except as provided in subsection (3) of this section, shall be addressed to the hearing examiner and filed in writing with the department within 14 calendar days of the notice of the decision, except that appeals of a Type 1 decision issued concurrently with a SEPA threshold determination shall be filed within 21 calendar days of the notice of the decision, if the SEPA decision is a determination of nonsignificance that is required to have a public comment period pursuant to WAC 197-11-340.

(3) Shoreline appeals. Appeals of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be filed with the state shorelines hearings board pursuant to SCC 30.44.250 and RCW 90.58.180.

(4) Fees. Each appeal filed on a non-shoreline Type 1 decision shall be accompanied by a filing fee as indicated in SCC Table 30.86.600; provided that the filing fee shall not be charged to a department of the county; and provided further that the filing fee shall be refunded in any case where an appeal is dismissed in whole without hearing pursuant to SCC 30.71.060.

(5) Form of appeal. A person appealing a Type 1 decision must file a written statement setting forth:

(6) Limitation on new appeal issues. No new substantive appeal issues may be raised or submitted after the close of the time period for filing of the original appeal. The hearing examiner, if procedural limitations allow, may allow an appellant not more than 15 calendar days to perfect an otherwise timely filed appeal. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-014, Mar. 19, 2003, Eff date Apr. 14, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Ord. 24-055, Sept. 25, 2024, Eff date Oct. 6, 2024).

(1) The department shall forward the appeal to the hearing examiner within three working days of its filing.

(2) The hearing examiner, within two working days of receipt of the appeal, shall send written notice of the appeal to the county department whose decision has been appealed; provided that such notice is not required when the department is the respondent.

(3) The hearing examiner, within three working days after receipt of the appeal, shall send written notice of the filing of the appeal by first class mail to the applicant, unless the applicant is the appellant. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of open record appeal hearings conducted pursuant to this chapter shall be provided at least 14 calendar days prior to the hearing and shall contain a description of the proposal and list of permits requested, the county file number and contact person, the date, time, and place for the hearing, and any other information determined appropriate.

(2) Except where notice has already been given pursuant to the combined notice provisions of SCC 30.70.080(2), the office of hearings administration shall give notice of all open record appeal hearings to the parties listed below. Notice shall be by email unless any of the below listed parties did not provide an email address or requested notice via U.S. mail, in which case notice shall be by U.S. mail.

(1) The applicable department shall coordinate and assemble any available comments of other county departments and governmental agencies having an interest in the appeal, and shall prepare a report summarizing the Type 1 decision and responding to the issues raised in the appeal.

(2) At least seven calendar days prior to the scheduled open record appeal hearing, the applicable department shall transmit all development permit files on the action being appealed and the department’s report to the hearing examiner, mail copies to the appellant, and make copies available for public inspection. Copies shall be provided to interested persons upon payment of reproduction costs as permitted by law. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall conduct one open record hearing before a final decision is issued unless the appeal is dismissed or withdrawn. If necessary, the hearing may be continued beyond one day.

(2) The hearing examiner shall consolidate multiple appeals of the same action.

(3) The open record appeal hearing and hearing examiner consideration of the appeal shall be limited solely to the issues identified by the appellant in the written appeal submitted pursuant to SCC 30.71.050(4).

(4) The appellant(s), the applicant, and the department whose decision is being appealed shall be parties to the appeal.

(5) At the open record appeal hearing, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence, except in the case of appeals under SCC 30.61.300.

(6) Each party to the appeal may participate in the appeal hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:

(7) Except in combined proceedings involving a Type 2 decision, interested persons, groups, associations, or others who have not appealed may participate only if called by one of the parties to the appeal to present relevant testimony.

(8) All testimony shall be taken under oath.

(9) An electronic transcript shall be made of the hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A final decision on appeal shall be issued within 15 working days of the conclusion of a hearing, but not later than 90 calendar days after the filing of a complete appeal, unless the appellant agrees in writing to extend the time period, or the time period has been extended by a request for reconsideration, or under some other authority.

(2) The hearing examiner may affirm, may reverse in whole or in part, or may modify the permit or decision being appealed, or may remand the application to the applicable department for further processing.

(3) If the application is remanded to the applicable department for further processing, the hearing examiner’s decision shall not be considered a final decision except for purposes of applicable time limitations contained in this section. The hearing examiner’s decision shall specify procedures for responding to the order. If a new decision is issued by the department, a new appeal period shall commence in accordance with SCC 30.71.050.

(4) The decision shall include findings of fact based upon the record and conclusions of law therefrom which support the decision.

(5) The hearing examiner’s decision shall include information on, and any applicable time limitations for, requesting reconsideration or for appealing the decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) Any party to the appeal may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of by the hearing examiner.

(2) The grounds for seeking reconsideration shall be limited to the following:

(3) The petition for reconsideration must:

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in accordance with SCC 30.71.115. Within 15 working days, the hearing examiner shall:

(5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration.

(6) The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) The hearing examiner’s decision on a Type 1 appeal is the final decision of the county and may be appealed to superior court within 21 days of issuance of the decision in accordance with chapter 36.70C RCW.

(2) The cost of transcribing the record of proceeding, of copying photographs, video tapes and any oversized documents, and of staff time spent in copying and assembling the record and preparing the record for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Requests to vacate a permit or variance shall be made in writing to the department of planning and development services.

(2) The director shall determine if the conditions in 30.43A.108 or 30.43B.128 are present prior to authorizing the vacation.

(3) Vacation of any permit or variance shall be documented by the filing of a notice of land use permit or variance vacation with the county auditor on a form provided by the department of planning and development services. (Added by Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005).

(1) If the director determines that a permit or approval is in material violation of this title, the director may initiate proceedings before the hearing examiner to review or revoke the permit or approval, in whole or in part.

(2) The hearing examiner shall hold a hearing in accordance with SCC 30.71.100. The director shall provide notice in accordance with SCC 30.70.050.

(3) The hearing examiner, upon good cause shown, may direct the department issue a stop work order to temporarily stay the force and effect of all or any part of an issued permit or approval until the final decision of the hearing examiner is issued.

(4) Review or revocation of a shoreline substantial development, shoreline conditional use or shoreline variance permit shall be in accordance with the provisions of chapter 30.44 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) Written notice of a department decision on a Type 1 application shall be mailed to the applicant and all parties of record in the manner prescribed in SCC 30.70.045. The notice may include a written staff report if one has been prepared.

(2) The notice shall specify the appeal process and time period for filing an appeal.

(3) The county may provide additional public notice of a decision by notifying the news media and community organizations, placing notices in appropriate regional, neighborhood, ethnic, or trade journals or neighborhood/community newspapers, or by publishing notice in agency newsletters or on the county or department web page. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-068, July 9, 2003, Eff date July 28, 2003).

(1) Who may appeal. Any aggrieved party of record may file an appeal of a Type 1 decision.

(2) Time and place to appeal. Appeals of a Type 1 decision, except as provided in subsection (3) of this section, shall be addressed to the hearing examiner and filed in writing with the department within 14 calendar days of the notice of the decision, except that appeals of a Type 1 decision issued concurrently with a SEPA threshold determination shall be filed within 21 calendar days of the notice of the decision, if the SEPA decision is a determination of nonsignificance that is required to have a public comment period pursuant to WAC 197-11-340.

(3) Shoreline appeals. Appeals of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be filed with the state shorelines hearings board pursuant to SCC 30.44.250 and RCW 90.58.180.

(4) Fees. Each appeal filed on a non-shoreline Type 1 decision shall be accompanied by a filing fee as indicated in SCC Table 30.86.600; provided that the filing fee shall not be charged to a department of the county; and provided further that the filing fee shall be refunded in any case where an appeal is dismissed in whole without hearing pursuant to SCC 30.71.060.

(5) Form of appeal. A person appealing a Type 1 decision must file a written statement setting forth:

(6) Limitation on new appeal issues. No new substantive appeal issues may be raised or submitted after the close of the time period for filing of the original appeal. The hearing examiner, if procedural limitations allow, may allow an appellant not more than 15 calendar days to perfect an otherwise timely filed appeal. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-014, Mar. 19, 2003, Eff date Apr. 14, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Ord. 24-055, Sept. 25, 2024, Eff date Oct. 6, 2024).

(1) The department shall forward the appeal to the hearing examiner within three working days of its filing.

(2) The hearing examiner, within two working days of receipt of the appeal, shall send written notice of the appeal to the county department whose decision has been appealed; provided that such notice is not required when the department is the respondent.

(3) The hearing examiner, within three working days after receipt of the appeal, shall send written notice of the filing of the appeal by first class mail to the applicant, unless the applicant is the appellant. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of open record appeal hearings conducted pursuant to this chapter shall be provided at least 14 calendar days prior to the hearing and shall contain a description of the proposal and list of permits requested, the county file number and contact person, the date, time, and place for the hearing, and any other information determined appropriate.

(2) Except where notice has already been given pursuant to the combined notice provisions of SCC 30.70.080(2), the office of hearings administration shall give notice of all open record appeal hearings to the parties listed below. Notice shall be by email unless any of the below listed parties did not provide an email address or requested notice via U.S. mail, in which case notice shall be by U.S. mail.

(1) The applicable department shall coordinate and assemble any available comments of other county departments and governmental agencies having an interest in the appeal, and shall prepare a report summarizing the Type 1 decision and responding to the issues raised in the appeal.

(2) At least seven calendar days prior to the scheduled open record appeal hearing, the applicable department shall transmit all development permit files on the action being appealed and the department’s report to the hearing examiner, mail copies to the appellant, and make copies available for public inspection. Copies shall be provided to interested persons upon payment of reproduction costs as permitted by law. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall conduct one open record hearing before a final decision is issued unless the appeal is dismissed or withdrawn. If necessary, the hearing may be continued beyond one day.

(2) The hearing examiner shall consolidate multiple appeals of the same action.

(3) The open record appeal hearing and hearing examiner consideration of the appeal shall be limited solely to the issues identified by the appellant in the written appeal submitted pursuant to SCC 30.71.050(4).

(4) The appellant(s), the applicant, and the department whose decision is being appealed shall be parties to the appeal.

(5) At the open record appeal hearing, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence, except in the case of appeals under SCC 30.61.300.

(6) Each party to the appeal may participate in the appeal hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:

(7) Except in combined proceedings involving a Type 2 decision, interested persons, groups, associations, or others who have not appealed may participate only if called by one of the parties to the appeal to present relevant testimony.

(8) All testimony shall be taken under oath.

(9) An electronic transcript shall be made of the hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A final decision on appeal shall be issued within 15 working days of the conclusion of a hearing, but not later than 90 calendar days after the filing of a complete appeal, unless the appellant agrees in writing to extend the time period, or the time period has been extended by a request for reconsideration, or under some other authority.

(2) The hearing examiner may affirm, may reverse in whole or in part, or may modify the permit or decision being appealed, or may remand the application to the applicable department for further processing.

(3) If the application is remanded to the applicable department for further processing, the hearing examiner’s decision shall not be considered a final decision except for purposes of applicable time limitations contained in this section. The hearing examiner’s decision shall specify procedures for responding to the order. If a new decision is issued by the department, a new appeal period shall commence in accordance with SCC 30.71.050.

(4) The decision shall include findings of fact based upon the record and conclusions of law therefrom which support the decision.

(5) The hearing examiner’s decision shall include information on, and any applicable time limitations for, requesting reconsideration or for appealing the decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) Any party to the appeal may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of by the hearing examiner.

(2) The grounds for seeking reconsideration shall be limited to the following:

(3) The petition for reconsideration must:

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in accordance with SCC 30.71.115. Within 15 working days, the hearing examiner shall:

(5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration.

(6) The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) The hearing examiner’s decision on a Type 1 appeal is the final decision of the county and may be appealed to superior court within 21 days of issuance of the decision in accordance with chapter 36.70C RCW.

(2) The cost of transcribing the record of proceeding, of copying photographs, video tapes and any oversized documents, and of staff time spent in copying and assembling the record and preparing the record for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of the open record public hearing on a Type 2 application shall be provided at least 15 days prior to the hearing date.

(2) In setting hearing dates, the department shall consider the time necessary for comment and appeal periods on any related SEPA decision and for the hearing examiner to conduct the hearing and issue a decision within the time period established in SCC 30.70.110.

(3) Notice of the public hearing shall contain a description of the proposal and list of permits requested, the county file number and contact person, the date, time, and place for the hearing, and any other information determined to be appropriate by the department.

(4) Notice shall be provided by publishing, mailing, and posting in the manner prescribed by SCC 30.70.045.

(5) If the appeal period for a SEPA threshold determination has not expired when the notice of the hearing is provided, the notice shall state that any timely SEPA appeal shall be heard at the scheduled open record hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Following expiration of required comment periods on the notice of application, and to complete project review, the department shall coordinate and assemble the reviews of other county departments and governmental agencies having an interest in the application. The department shall prepare a report describing how the application meets or fails to meet the applicable decision criteria. The report shall include recommended conditions, if appropriate, and a recommendation to the hearing examiner on the action to be taken on the application.

(2) The report shall be filed with the hearing examiner and made available for public review and copying at least seven days before the open record hearing.

(3) The department shall transfer the file to the hearing examiner’s office concurrently with transmittal of the report. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall conduct an open record hearing on the Type 2 application.

(2) The department shall provide a summary of the report of the department and the contents of the project file.

(3) Any person may participate in the hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:

(4) All hearing testimony shall be taken under oath.

(5) An electronic transcript shall be made of the open record hearing.

(6) When an appeal of a Type 1 decision related to the Type 2 application has been filed, the open record hearing shall serve as both the appeal hearing and the predecision hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A decision on the Type 2 application shall be issued within 15 working days of the conclusion of a hearing, and not later than 120 calendar days after a determination of completeness pursuant to SCC 30.70.110, unless the applicant agrees in writing to extend the time period or the time period has been extended under some other authority.

(2) If an appeal of a Type 1 administrative decision was heard at the open record predecision hearing, a final decision on the Type 1 appeal shall be issued concurrently with the Type 2 decision.

(3) The hearing examiner may grant, grant in part, return to the applicable department and applicant for modification, deny without prejudice, deny, or grant with such conditions or modifications as the hearing examiner finds appropriate based on the applicable decision criteria.

(4) The decision shall include findings of fact based upon the record and conclusions of law therefrom which support the decision.

(5) Reconsideration of the hearing examiner’s decision may be requested only in accordance with SCC 30.72.065.

(6) The hearing examiner’s decision shall include information on, and any applicable time limitations for, requesting reconsideration or for appealing the decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 19-021, June 19, 2019, Eff date July 4, 2019).

(1) By regular mail or inter-office mail, as appropriate, to the applicant and other parties of record; and

(2) To the clerk of the council. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Any aggrieved party of record may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of by the hearing examiner.

(2) The grounds for seeking reconsideration shall be limited to the following:

(3) The petition for reconsideration must:

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in accordance with SCC 30.72.062. Within 15 working days the hearing examiner shall:

(5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration.

(6) The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) All Type 2 hearing examiner decisions may be appealed to the county council except for shoreline substantial development permits and permit rescissions, shoreline conditional use permits, and shoreline variances, which may be appealed to the state shorelines hearings board pursuant to SCC 30.44.250 and RCW 90.58.180.

(2) An appeal to the county council may be filed by any aggrieved party of record. Where the reconsideration process of SCC 30.72.065 has been invoked, no appeal may be filed until the reconsideration petition has been disposed of by the hearing examiner. An aggrieved party need not file a petition for reconsideration but may file an appeal directly to the county council. If a petition for reconsideration is filed, issues subsequently raised by that party on appeal to the county council shall be limited to those issues raised in the petition for reconsideration.

(3) Any aggrieved party of record may appeal a decision on reconsideration.

(4) Appeals shall be addressed to the county council and shall be filed in writing with the department within 14 days following the date of the hearing examiner’s decision.

(5) A filing fee of $500 shall be submitted with each appeal filed; provided that the fee shall not be charged to a department of the county. The filing fee shall be refunded in any case where an appeal is summarily dismissed in whole without hearing under SCC 30.72.075. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-014, Mar. 19, 2003, Eff date Apr. 14, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) The council may summarily dismiss an appeal in whole or in part without hearing if it determines that the appeal is untimely, incomplete, without merit on its face, frivolous, beyond the scope of the council’s jurisdiction, or brought merely to secure a delay. The council may also summarily dismiss an appeal based on lack of standing after allowing the appellant a reasonable period in which to reply to the challenge.

(2) Except in extraordinary circumstances, summary dismissal orders shall be issued within 15 days following receipt of either a complete appeal or a request for issuance of such an order, whichever is later. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) An appeal must be in writing and contain the following:

(2) The grounds for filing an appeal shall be limited to the following:

(1) Within seven calendar days following the close of the appeal period and upon receipt of a timely filed and complete appeal, the council clerk will provide notice of the appeal and of the date, time, and place of the closed record appeal hearing to all parties of record. Notice shall be by email unless any party of record did not provide an email address or requested notice via U.S. mail, in which case notice shall be by U.S. mail.

(2) The dates for filing written arguments with the council shall be included in the hearing notice as follows:

(3) The hearing notice shall be sent for publication in the official county newspaper the same day the notice of appeal is sent to parties of record.

(4) Within five days of mailing of the hearing notice under SCC 30.72.100(1), the applicant shall conspicuously post notice of the hearing on the signs in accordance with SCC 30.70.045. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Ord. 22-021, June 15, 2022, Eff date July 7, 2022).

(1) An appeal before the county council shall be conducted as a closed record appeal. The hearing shall be limited to the record from the hearing examiner and all written argument timely filed with the council. New evidence shall not be allowed unless specifically requested by the council and consistent with the limitation of subsection (2) below.

(2) Appeal issues shall be limited to those expressly raised in the written appeal. No new appeal issues may be raised or argued after the close of the time period for filing the appeal.

(3) Parties of record may file written argument according to the dates set forth in the notice of the appeal hearing.

(4) Any party of record may present oral argument at the hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The council’s decision shall be issued in writing and entered into the record of the proceedings. The decision of the county council shall set forth findings and conclusions that support the council decision and may adopt any or all of the findings or conclusions of the hearing examiner.

(2) The council may affirm the decision of the hearing examiner, reverse in whole or in part, or may remand the matter to the hearing examiner in accordance with the council’s findings and conclusions.

(3) The council clerk shall mail copies of the decision to all parties of record within 15 calendar days after the conclusion of the hearing, but not later than 60 calendar days from the last day of the applicable appeal period, unless the applicant agrees to extend the time period or the time period is extended under some other authority. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The effect of remand on the decision of the hearing examiner shall be specified in the county council’s decision. A decision by the hearing examiner in response to the remand order shall be issued in the same manner as the original decision.

(2) A remand is not a final decision on the appeal, but shall serve as a decision for purposes of applicable time limitations contained in SCC 30.72.120(3). Issuance of the decision by the hearing examiner in response to the remand order shall commence a new appeal period pursuant to SCC 30.72.070. Issues on appeal shall be limited to the issues remanded to the hearing examiner. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The county council’s decision on a Type 2 appeal is the final decision of the county except where a matter has been remanded to the hearing examiner. A final council decision may be appealed to superior court within 21 days of issuance of the decision in accordance with chapter 36.70C RCW.

(2) The cost of transcribing the record of proceeding, of copying photographs, video tapes and any oversized documents, and of staff time spent in copying and assembling the record and preparing the return for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Requests to vacate a permit shall be made in writing to the department of planning and development services.

(2) The director shall determine if the conditions in 30.42C.208 are present prior to authorizing the vacation.

(3) Vacation of any permit shall be documented by the filing of a notice of land use permit vacation with the county auditor on a form provided by the department of planning and development services. (Added by Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005).

(1) If the director determines that a permit or approval is in material violation of this title, the director may initiate proceedings before the hearing examiner to review or revoke the permit or approval, in whole or in part.

(2) The hearing examiner shall hold a hearing in accordance with SCC 30.71.100. The director shall provide notice in accordance with SCC 30.70.050.

(3) The hearing examiner, upon good cause shown, may direct the department to issue a stop work order to temporarily stay the force and effect of all or any part of an issued permit or approval until the final decision of the hearing examiner is issued. (Added by Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005).

(1) Notice of the open record public hearing on a Type 2 application shall be provided at least 15 days prior to the hearing date.

(2) In setting hearing dates, the department shall consider the time necessary for comment and appeal periods on any related SEPA decision and for the hearing examiner to conduct the hearing and issue a decision within the time period established in SCC 30.70.110.

(3) Notice of the public hearing shall contain a description of the proposal and list of permits requested, the county file number and contact person, the date, time, and place for the hearing, and any other information determined to be appropriate by the department.

(4) Notice shall be provided by publishing, mailing, and posting in the manner prescribed by SCC 30.70.045.

(5) If the appeal period for a SEPA threshold determination has not expired when the notice of the hearing is provided, the notice shall state that any timely SEPA appeal shall be heard at the scheduled open record hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Following expiration of required comment periods on the notice of application, and to complete project review, the department shall coordinate and assemble the reviews of other county departments and governmental agencies having an interest in the application. The department shall prepare a report describing how the application meets or fails to meet the applicable decision criteria. The report shall include recommended conditions, if appropriate, and a recommendation to the hearing examiner on the action to be taken on the application.

(2) The report shall be filed with the hearing examiner and made available for public review and copying at least seven days before the open record hearing.

(3) The department shall transfer the file to the hearing examiner’s office concurrently with transmittal of the report. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall conduct an open record hearing on the Type 2 application.

(2) The department shall provide a summary of the report of the department and the contents of the project file.

(3) Any person may participate in the hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:

(4) All hearing testimony shall be taken under oath.

(5) An electronic transcript shall be made of the open record hearing.

(6) When an appeal of a Type 1 decision related to the Type 2 application has been filed, the open record hearing shall serve as both the appeal hearing and the predecision hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A decision on the Type 2 application shall be issued within 15 working days of the conclusion of a hearing, and not later than 120 calendar days after a determination of completeness pursuant to SCC 30.70.110, unless the applicant agrees in writing to extend the time period or the time period has been extended under some other authority.

(2) If an appeal of a Type 1 administrative decision was heard at the open record predecision hearing, a final decision on the Type 1 appeal shall be issued concurrently with the Type 2 decision.

(3) The hearing examiner may grant, grant in part, return to the applicable department and applicant for modification, deny without prejudice, deny, or grant with such conditions or modifications as the hearing examiner finds appropriate based on the applicable decision criteria.

(4) The decision shall include findings of fact based upon the record and conclusions of law therefrom which support the decision.

(5) Reconsideration of the hearing examiner’s decision may be requested only in accordance with SCC 30.72.065.

(6) The hearing examiner’s decision shall include information on, and any applicable time limitations for, requesting reconsideration or for appealing the decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 19-021, June 19, 2019, Eff date July 4, 2019).

(1) By regular mail or inter-office mail, as appropriate, to the applicant and other parties of record; and

(2) To the clerk of the council. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Any aggrieved party of record may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of by the hearing examiner.

(2) The grounds for seeking reconsideration shall be limited to the following:

(3) The petition for reconsideration must:

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in accordance with SCC 30.72.062. Within 15 working days the hearing examiner shall:

(5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration.

(6) The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) All Type 2 hearing examiner decisions may be appealed to the county council except for shoreline substantial development permits and permit rescissions, shoreline conditional use permits, and shoreline variances, which may be appealed to the state shorelines hearings board pursuant to SCC 30.44.250 and RCW 90.58.180.

(2) An appeal to the county council may be filed by any aggrieved party of record. Where the reconsideration process of SCC 30.72.065 has been invoked, no appeal may be filed until the reconsideration petition has been disposed of by the hearing examiner. An aggrieved party need not file a petition for reconsideration but may file an appeal directly to the county council. If a petition for reconsideration is filed, issues subsequently raised by that party on appeal to the county council shall be limited to those issues raised in the petition for reconsideration.

(3) Any aggrieved party of record may appeal a decision on reconsideration.

(4) Appeals shall be addressed to the county council and shall be filed in writing with the department within 14 days following the date of the hearing examiner’s decision.

(5) A filing fee of $500 shall be submitted with each appeal filed; provided that the fee shall not be charged to a department of the county. The filing fee shall be refunded in any case where an appeal is summarily dismissed in whole without hearing under SCC 30.72.075. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-014, Mar. 19, 2003, Eff date Apr. 14, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) The council may summarily dismiss an appeal in whole or in part without hearing if it determines that the appeal is untimely, incomplete, without merit on its face, frivolous, beyond the scope of the council’s jurisdiction, or brought merely to secure a delay. The council may also summarily dismiss an appeal based on lack of standing after allowing the appellant a reasonable period in which to reply to the challenge.

(2) Except in extraordinary circumstances, summary dismissal orders shall be issued within 15 days following receipt of either a complete appeal or a request for issuance of such an order, whichever is later. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) An appeal must be in writing and contain the following:

(2) The grounds for filing an appeal shall be limited to the following:

(1) Within seven calendar days following the close of the appeal period and upon receipt of a timely filed and complete appeal, the council clerk will provide notice of the appeal and of the date, time, and place of the closed record appeal hearing to all parties of record. Notice shall be by email unless any party of record did not provide an email address or requested notice via U.S. mail, in which case notice shall be by U.S. mail.

(2) The dates for filing written arguments with the council shall be included in the hearing notice as follows:

(3) The hearing notice shall be sent for publication in the official county newspaper the same day the notice of appeal is sent to parties of record.

(4) Within five days of mailing of the hearing notice under SCC 30.72.100(1), the applicant shall conspicuously post notice of the hearing on the signs in accordance with SCC 30.70.045. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Ord. 22-021, June 15, 2022, Eff date July 7, 2022).

(1) An appeal before the county council shall be conducted as a closed record appeal. The hearing shall be limited to the record from the hearing examiner and all written argument timely filed with the council. New evidence shall not be allowed unless specifically requested by the council and consistent with the limitation of subsection (2) below.

(2) Appeal issues shall be limited to those expressly raised in the written appeal. No new appeal issues may be raised or argued after the close of the time period for filing the appeal.

(3) Parties of record may file written argument according to the dates set forth in the notice of the appeal hearing.

(4) Any party of record may present oral argument at the hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The council’s decision shall be issued in writing and entered into the record of the proceedings. The decision of the county council shall set forth findings and conclusions that support the council decision and may adopt any or all of the findings or conclusions of the hearing examiner.

(2) The council may affirm the decision of the hearing examiner, reverse in whole or in part, or may remand the matter to the hearing examiner in accordance with the council’s findings and conclusions.

(3) The council clerk shall mail copies of the decision to all parties of record within 15 calendar days after the conclusion of the hearing, but not later than 60 calendar days from the last day of the applicable appeal period, unless the applicant agrees to extend the time period or the time period is extended under some other authority. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The effect of remand on the decision of the hearing examiner shall be specified in the county council’s decision. A decision by the hearing examiner in response to the remand order shall be issued in the same manner as the original decision.

(2) A remand is not a final decision on the appeal, but shall serve as a decision for purposes of applicable time limitations contained in SCC 30.72.120(3). Issuance of the decision by the hearing examiner in response to the remand order shall commence a new appeal period pursuant to SCC 30.72.070. Issues on appeal shall be limited to the issues remanded to the hearing examiner. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The county council’s decision on a Type 2 appeal is the final decision of the county except where a matter has been remanded to the hearing examiner. A final council decision may be appealed to superior court within 21 days of issuance of the decision in accordance with chapter 36.70C RCW.

(2) The cost of transcribing the record of proceeding, of copying photographs, video tapes and any oversized documents, and of staff time spent in copying and assembling the record and preparing the return for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Requests to vacate a permit shall be made in writing to the department of planning and development services.

(2) The director shall determine if the conditions in 30.42C.208 are present prior to authorizing the vacation.

(3) Vacation of any permit shall be documented by the filing of a notice of land use permit vacation with the county auditor on a form provided by the department of planning and development services. (Added by Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005).

(1) If the director determines that a permit or approval is in material violation of this title, the director may initiate proceedings before the hearing examiner to review or revoke the permit or approval, in whole or in part.

(2) The hearing examiner shall hold a hearing in accordance with SCC 30.71.100. The director shall provide notice in accordance with SCC 30.70.050.

(3) The hearing examiner, upon good cause shown, may direct the department to issue a stop work order to temporarily stay the force and effect of all or any part of an issued permit or approval until the final decision of the hearing examiner is issued. (Added by Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005).

(1) The purpose of this chapter is to set forth procedures for adoption or amendment of the comprehensive plan and development regulations pursuant to the Growth Management Act, chapter 36.70A RCW, and the Shoreline Management Program (SMP) pursuant to the Shoreline Management Act, chapter 90.58 RCW.

(2) This chapter is intended to supplement, and not to limit, existing county authority and procedures for adopting legislation. Nothing in this chapter shall be construed to limit the legislative authority of the county council to consider and adopt amendments and revisions to the comprehensive plan and development regulations, except as expressly provided in this chapter.

(3) The provisions of this chapter apply to all Type 3 legislative decisions which include and are limited to adoption or amendment of the comprehensive plan, the SMP, county-initiated rezones to implement the comprehensive plan, docketing proposals submitted pursuant to chapter 30.74 SCC, and new GMA development regulations or amendment of existing development regulations.

(4) This chapter shall not apply to amendments to the initiative, mini-initiative, or referendum process provided for in Article 5 of the county charter. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) Adoption or amendment of the comprehensive plan and development regulations is a legislative decision, rather than a project permit decision. The legislative process includes a public hearing before the county council and may include a public hearing before the planning commission. It is designed to solicit a broad range of public input at all levels.

(2) Appeal of a Type 3 decision is made to the growth management hearings board in accordance with RCW 36.70A.290, except as otherwise provided by law.

(3) Council legislative action on other matters is governed by the county charter and other applicable law, and is not subject to this chapter. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The county council;

(2) The planning commission; or

(3) The county executive. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The planning commission shall hold at least one public hearing to consider a Type 3 proposal, except as provided in this section.

(2) Planning commission review is not required for the following:

(3) If a Type 3 proposal is referred to the planning commission by the county council, the planning commission shall hold a public hearing within 90 days of the date council refers the proposal to the planning commission, unless:

(1) The department responsible for implementing a Type 3 proposal shall prepare a report summarizing the proposal, which shall include findings and recommendations. The report shall include information provided by other county departments, as determined necessary by the department preparing the report, and shall include information regarding the SEPA review process.

(2) At least 10 calendar days prior to the scheduled public hearing, the preparing department shall transmit the report to the planning commission, and make it available for public inspection. Copies shall be provided upon payment of reproduction costs. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The planning commission shall set a public hearing and the department shall provide notice for Type 3 actions at least 10 days before the hearing as follows:

(2) Notice required by this section shall contain the following information:

(3) Notwithstanding the foregoing, in adopting legislation in response to a growth management hearings board decision declaring part or all of a comprehensive plan or development regulation invalid, the county will provide for such public participation as is appropriate and effective under the circumstances presented by the board’s order. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-056, Aug. 22, 2012, Eff date Nov. 20, 2012).

(1) At the conclusion of the public hearing, the planning commission shall make a written recommendation and shall transmit the recommendation to the county council, except as provided in SCC 30.73.060(4).

(2) The planning commission may recommend that the council adopt, amend and adopt, or decline to adopt the Type 3 proposal.

(3) The planning commission recommendation shall be by the affirmative vote of not less than a majority of the total members of the commission.

(4) A planning commission recommendation is not required for a Type 3 proposal initiated and abandoned by the planning commission.

(5) If the planning commission does not adopt and transmit a recommendation to the county council within 45 days following the deadline for a planning commission hearing as specified in SCC 30.73.040(3), council may consider the proposal without a planning commission recommendation as provided in SCC 30.73.070. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 08-132, Oct. 22, 2008, Eff date Nov. 16, 2008).

(1) The council is not required to take action on a Type 3 proposal. If the council wishes to consider action on a Type 3 proposal, the council shall hold at least one public hearing.

(2) The council shall set the date of the public hearing and the clerk of the council shall provide notice at least 10 days before the hearing as follows:

(3) The council may, in its discretion, direct the clerk to use additional methods for providing notice and obtaining public participation.

(4) At its public hearing, the council may concurrently consider additional proposals relating to the same subject matter, whether or not considered by the planning commission, in accordance with RCW 36.70A.035(2). (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-056, Aug. 22, 2012, Eff date Nov. 20, 2012; Amended by Ord. 19-085, Jan. 8, 2020, Eff date Jan. 19, 2020).

(1) At the conclusion of the public hearing, the council may take one of the following actions, or take no action:

(2) Any ordinance adopting a Type 3 proposal may include findings and conclusions to support the council’s decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Amendments to the Shoreline Management Program (SMP) shall comply with SCC 30.67.110.

(2) After county council adoption, amendments to the SMP will not become effective until approved by the state Department of Ecology pursuant to RCW 90.58.090. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) The comprehensive plan may be amended no more frequently than once each year, except that it may be amended more frequently under the following circumstances:

(2) Except as authorized by SCC 30.73.085(1), the council will consider whether to amend the comprehensive plan no more frequently than once per year, and will consider amendments proposed pursuant to chapter 30.74 SCC according to the process and schedule established in chapter 30.74 SCC. The department shall coordinate county agency and planning commission review of proposed amendments, including amendments proposed pursuant to chapter 30.74 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-022, Sept. 8, 2010, Eff date Oct. 3, 2010).

(1) The council may adopt a Type 3 action as an emergency action under RCW 36.70A.130(2)(b) or 36.70A.390. All other provisions of this chapter shall not apply to the adoption of a Type 3 action as an emergency action.

(2) Except as provided in SCC 30.73.090(3), the council may adopt a Type 3 action by emergency action only after holding at least one public hearing following public notice as described in SCC 30.73.090(4).

(3) The council may adopt a Type 3 action that is a moratorium, interim zoning map, interim zoning ordinance, or interim official control by emergency action without holding a public hearing prior to taking such action if the council holds a public hearing following public notice as described in SCC 30.73.090(4) within 60 days of adoption and otherwise complies with RCW 36.70A.390.

(4) Public notice of the time, date, place, and general purpose of the public hearing on a Type 3 emergency action under this section shall be provided as follows:

(5) An ordinance adopted under this section shall include a statement of the need for emergency action.

(6) This section shall not be construed to limit the council’s authority to enact an emergency ordinance pursuant to the county charter, except as expressly provided herein. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The purpose of this chapter is to set forth procedures for adoption or amendment of the comprehensive plan and development regulations pursuant to the Growth Management Act, chapter 36.70A RCW, and the Shoreline Management Program (SMP) pursuant to the Shoreline Management Act, chapter 90.58 RCW.

(2) This chapter is intended to supplement, and not to limit, existing county authority and procedures for adopting legislation. Nothing in this chapter shall be construed to limit the legislative authority of the county council to consider and adopt amendments and revisions to the comprehensive plan and development regulations, except as expressly provided in this chapter.

(3) The provisions of this chapter apply to all Type 3 legislative decisions which include and are limited to adoption or amendment of the comprehensive plan, the SMP, county-initiated rezones to implement the comprehensive plan, docketing proposals submitted pursuant to chapter 30.74 SCC, and new GMA development regulations or amendment of existing development regulations.

(4) This chapter shall not apply to amendments to the initiative, mini-initiative, or referendum process provided for in Article 5 of the county charter. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).

(1) Adoption or amendment of the comprehensive plan and development regulations is a legislative decision, rather than a project permit decision. The legislative process includes a public hearing before the county council and may include a public hearing before the planning commission. It is designed to solicit a broad range of public input at all levels.