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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

A.    Except as provided for in subsection B of this section, the examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter final decisions, subject to application, notice, public hearing and appeal procedures of the Adams County Code, on the following matters:

1.    Preliminary plat applications and short plat appeals;

2.    All other applications for permits or approvals, including appeals, under this title which call for an appeal of a Type I or Type II decision or a hearing on a Type III decision;

3.    Development agreements authorized by RCW 36.70B.170; and

4.    Appeals of administrative decisions pursuant to the provisions of the Adams County Code.

B.    Notwithstanding the provisions of subsection A of this section, the following matters shall be heard by the planning commission:

1.    Rezone applications initiated by the county to implement a newly adopted or amended comprehensive land use plan;

2.    Rezone applications and revisions or rescissions of agreements concomitant to rezones;

3.    Any application otherwise delegated to the examiner under the provisions of subsection (A)(2) of this section which the planning director determines should be heard by the planning commission due to the substantial and unresolved land use policy issues presented by such application. The intent of this subsection is to divert to the planning commission only those extraordinary land use proposals which would result in major land use commitments for which neither the comprehensive land use plan, zoning ordinance, nor prior zoning actions provide clear policy guidance, direction or precedent; and

4.    Any application, otherwise delegated to the examiner under the provisions of subsection A of this section, where, due to disqualification, incapacity or other reason, no examiner is available to timely hear such matter. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

A.    Motion for Reconsideration.

1.    Time for Filing. Any party of record to a proceeding before the hearing examiner, including Adams County by and through its building and planning department upon approval of the board of county commissioners, may file with the planning director a motion for reconsideration of an examiner’s decision within fourteen calendar days of written notice of the decision.

2.    Fee. The motion must be accompanied by the applicable fee, except that no fee shall be charged to the building and planning department.

3.    Grounds. A motion for reconsideration shall identify specific authority within the Adams County Code or other applicable law, and/or specific evidence, in support of reconsideration. A motion may be granted for any one of the following causes that materially affects the rights of the moving party:

a.    Procedural irregularity or error, clarification, or scrivener’s error for which no fee will be charged;

b.    Newly discovered evidence, which the moving party could not with reasonable diligence have timely discovered and produced for consideration by the examiner;

c.    The decision is not supported by substantial evidence in the record; or

d.    The decision is contrary to law.

4.    Response to Motion. Within fourteen calendar days of the filing of a motion for reconsideration, the building and planning department staff and any other party of record may file with the planning director a written response to the motion. No reply to a response is permitted.

B.    Decision on Motion.

1.    Time for Issuance. Within twenty-eight calendar days of the filing of a motion for reconsideration, the examiner shall issue a decision on the motion.

2.    Contents of Decision. The examiner’s decision on a motion for reconsideration shall state whether the motion is granted or denied, in whole or in part, and shall state the factual and/or legal reasons for the decision.

3.    Finality. The examiner’s decision on a motion for reconsideration shall be final unless timely appealed to Adams County superior court by a party of record to the proceedings before the examiner. (Ord. O-01-25 § 1)

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. (Ord. O-01-25 § 1)

A.    Except as provided for in subsection B of this section, a planning commission decision on those matters delegated to it by Section 17.84.080(B) shall have the same effect as the decision of the examiner.

B.    Planning commission decisions on rezone or preliminary plat applications shall constitute a recommendation to the board; provided, that if, after considering the matter at public meeting, the board deems a change in the planning commission’s recommendation to be necessary, such change shall not be made until the board shall conduct its own public hearing, giving notice thereof as required by law. (Ord. O-01-25 § 1)