Ordinance 2531-01 - Laserfiche WebLink

D. Appeals - Burden of Proof. The burden of proof for all appeals provided for by this title shall be upon the appellant. E. Appeals - Filing Period. All appeals provided for in subsections B and C of this title shall be filed with the planning department within ten days from the date the planning director issues his/her decision. All appeals must be filed on forms provided by the planning department and will not be considered valid unless the appeal form is filled out clearly and legibly and is accompanied by the applicable filing fee. F. Effect of Decision. The filing of any administrative appeal in accordance with the appeal provisions provided in this title shall stay all development activity based on the decision granting the application until such time as the city issues a final decision on the matter. Any applicant receiving approval who engages in any activity based on the decision granting the application prior to the filing of any appeal or prior to the expiration of any administrative appeal period, does so at his/her own risk. G. Judicial Review. The city's final action shall be final and conclusive unless a land use petition appeal is filed in Snohomish County superior court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW. BE AND THE SAME IS HEREBY AMENDED TO READ Appeals. A. Appeals - General. Appeals related to certain specific types of permits are provided for in this title in the sections describing each type of permit. This section lists additional appeals provided for specific decisions related to the administration of this Title. B. Appeals -Unlisted Uses. Subsection 2.080D of this Title provides a specific method for determining whether an unlisted use is permitted in a specific zone. Appeals of a determination concerning whether or not an unlisted use shall be permitted within a specific zone shall be made in accordance with the provisions of the City's Local Project Review Procedures Ordinance. The decision on the appeal shall be based upon the nature of the unlisted use and the evaluation criteria listed in subsection 2.080D. C. Appeals - Application of Development Standards. 1. Non-Adult Use Businesses. Certain review procedures and decision-making processes described in this Title require the Planning Department or Planning Director to use discretion in the application of development standards to a particular use or development. Any person who feels that the application of development standards to a particular use or development has been improper or inappropriate may file an appeal of the Director's decision. Appeals shall be filed and processed in compliance with the City's Local Project Permit Review Procedures Ordinance. In evaluating such an appeal, the following criteria shall be considered: a. The nature of the use or proposed use of the subject property; b. The purpose for the particular development standard which is being appealed; c. The criteria used in making such an application of the development standard which is being appealed; 40