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A. Limited to Parties of Record. Only parties of record may initiate an open record appeal hearing of the director’s decision of a Type II permit, or a reconsideration petition on a Type II appeal decision or a Type III or IV decision on a project permit application.

B. Definition. The term “parties of record” for the purposes of this chapter shall mean:

1. The applicant;

2. Any person who submitted written comments in response to the notice of application or SEPA threshold determination or environmental impact statement;

3. Any person who testified at the open record public hearing on the application;

4. Any person who submitted written comments concerning the application at the open record public hearing;

5. Any person who signs a form available at the open record public hearing requesting to be a party of record;

6. Any person who should have been notified as required in BMC 11.19.007;

7. In addition, the following persons shall be included: Any person aggrieved or adversely affected by a land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when the following conditions are present:

a. The land use decision has prejudiced or is likely to prejudice that person;

b. That person’s asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; and

c. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).