Adams County Unincorporated
City Zoning Code

The purpose of this chapter is to separate the land use regulatory function from the land use planning process; ensure procedural due process and appearance of fairness in land use regulatory hearings and hearings on appeals of other administrative decisions, as provided by the Adams County Code; and provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters.

Pursuant to RCW 35A.63.170 the office of Adams County land use examiner, hereinafter referred to as “examiner,” is hereby created. The examiner shall interpret, review and implement land use regulations and policies as provided in this chapter or by other ordinances.

The Adams County board of county commissioners, hereinafter referred to as “board,” shall appoint one or more examiners for terms which shall initially expire six months following the date of original appointment and thereafter expire one year following the date of each reappointment. Such appointments may be by professional service contract.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as a land use hearing examiner as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in county government.

No person, including county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before the examiner, except at a public hearing duly called for such purposes, or to interfere with an examiner in the performance of official duties in any other way; provided, that this section shall not prohibit the county prosecuting attorney from rendering legal services to the examiner upon request or prohibit other persons or officials from responding in writing to requests for information from the examiner.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest or concerning which the examiner has had substantial prehearing contacts with proponents or opponents.

The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of the office. Such rules may provide for cross-examination of witnesses.

Once legal notice has been given, no matter shall be postponed over the objection of any interested party, except for good cause shown. Continuances may be granted at the discretion of the examiner; provided, the interested parties in attendance shall be given an opportunity to testify prior to the continuance. The applicant shall pay the fee amount identified in the building and planning master fee schedule set by resolution by the board of county commissioners for any hearing postponed or continued by request of the applicants after legal notice has been given; provided, this requirement shall not apply where the request is based upon new information presented at the hearing.

The decision of the examiner shall be final and conclusive unless there is a timely filed motion for reconsideration pursuant to Section 17.84.110 or an appeal with Adams County superior court.

The planning director shall report in writing to and meet with the Adams County planning commission at least annually for the purpose of reviewing the administration of this chapter. Such report shall include a summary of the examiner’s decisions since the last planning commission report.