Bethel City Zoning Code
18.75 Appeals
of Planning Commission Decisions
18.75.010 Definitions.
Words and terms used in this chapter are defined in Chapter 18.70 BMC. [Ord. 22-17 § 5, 2022.]
18.75.020 Administrative hearing officer.
Appeals filed under this chapter shall be heard by an administrative hearing officer. The administrative hearing officer shall hear and decide appeals from decisions of the planning commission on conditional uses, variances, and other quasi-judicial zoning and land use determinations.
An administrative hearing officer shall be appointed by the city clerk and shall have a law degree or three years’ experience presiding over administrative hearings. [Ord. 22-17 § 5, 2022.]
18.75.030 Authority of administrative hearing officer.
The administrative hearing officer may change the prehearing schedule, the date of the hearing, or the procedure at the hearing, notwithstanding any other provision of this chapter, in response to a written request to the city clerk from the appellant or an interested party, for good cause shown; provided, that the appellant and all interested parties shall receive written notice of the administrative hearing officer’s action at least five (5) business days before the change becomes effective. The administrative hearing officer may determine all other matters of procedures in the appeal that are not prescribed in this chapter and may exercise their judgment on legal issues raised by the parties. [Ord. 22-17 § 5, 2022.]
18.75.035 Staff.
The city clerk or their designee shall assist the administrative hearing officer in preparing for and conducting the hearing. This includes making an electronic recording of the appeal hearing and preparing all correspondence, including the notification of the administrative hearing officer’s decision. [Ord. 22-17 § 5, 2022.]
* Code reviser’s note: Ord. 22-17 adds this section as 18.75.030. It has been renumbered to avoid duplication in numbering.
18.75.040 Stay.
An appeal stays the effectiveness of the decision or order appealed from until the administrative hearing officer finally decides the appeal; provided, that the administrative hearing officer may vacate the stay if doing so is necessary to avoid immediate danger to public health and safety. [Ord. 22-17 § 5, 2022.]
18.75.050 Appeal submission.
A. Any interested party adversely affected by a decision or order of the planning commission, other than a recommendation to the city council regarding a rezoning or an amendment to this title, may appeal the decision or order to the administrative hearing officer by filing an appeal with the city clerk within fifteen (15) calendar days after the effective date of the decision or order. The appeal shall state with specificity the grounds for the appeal and include contact information for the appellant or the appellant’s representative.
B. Except as provided in subsection C of this section:
1. An appeal application shall include a nonrefundable filing fee of three hundred dollars ($300), and a deposit of five hundred dollars ($500) for the costs the appellant is required to pay under subsection (B)(2) of this section.
2. The appellant shall pay the cost of preparing the transcript of the proceedings before the planning commission and mailing the notices required by BMC 18.75.070. If such costs exceed the amount of the deposit paid by the appellant under subsection (B)(1) of this section, the appellant shall pay the excess to the city no later than the date written arguments are due, or the appeal will be dismissed; provided, that the city clerk may waive payment of an excess amount that is less than one hundred dollars ($100). The city shall return any unexpended part of the deposit to the appellant within thirty (30) business days after issuance of the administrative hearing officer’s decision.
C. Within the time for filing the appeal application, an appellant may request that the city waive payment of part or all of the fee and costs described in subsection B of this section because of the appellant’s indigence. The request shall include a sworn financial statement from the appellant and be submitted to the city clerk. The city clerk will grant or deny the request based on a determination whether the appellant is indigent.
D. If a final decision of the administrative hearing officer or a court on an appeal under this chapter reverses or remands the decision or order of the planning commission, the city shall refund to the appellant the filing fee and costs paid by the appellant under subsection B of this section. [Ord. 22-17 § 5, 2022.]
18.75.060 Filing and service of documents.
A document is filed in an appeal on the date it is received by the city clerk. All documents filed in an appeal must be served on each interested party; if an interested party is represented by counsel, the document shall be served on the counsel in lieu of the interested party. [Ord. 22-17 § 5, 2022.]
18.75.070 Preparation of record – Notice of hearing date and process.
A. Upon the timely filing of an appeal, and any determination required under BMC 18.80.050:
1. List of Interested Parties. The city clerk shall notify the city planner and the city attorney of receipt of the appeal application. The city planner shall provide the city clerk with a list and mailing labels for each interested party in the appeal within five (5) business days of the request; and
2. Notice of Appeal. Upon timely receipt of the mailing labels of each interested party, the city clerk shall mail or personally serve notice of the appeal within five (5) business days to each interested party, the appellant, the applicant if not the appellant, the city attorney, and the city planner; if a party is represented by counsel, the city clerk shall notify their counsel in lieu of the party.
B. Content of Notice. The notice of appeal shall include:
1. A brief description of the decision appealed;
2. A copy of the appellant’s appeal application; and
3. A statement that the record and documents relating to the appeal may be viewed on the city’s website after they have been compiled.
C. Appointment of Administrative Hearing Officer. The city clerk shall submit the items stated in subsections (B)(1) and (B)(2) of this section and the name of the individual appointed as the administrative hearing officer to the council by information memorandum at the next available regular council meeting.
D. Record on Appeal. The city planner shall provide the city clerk with an electronic version of the record on the appeal within twenty (20) business days after the filing of the appeal. The appeal record shall consist of the transcript of the proceedings before the planning commission, copies of all documentary evidence, memoranda and exhibits, correspondence and other written material submitted to the planning commission, and a copy of the final written decision of the planning commission. The record shall be organized in chronological order, paginated, and include a detailed table of contents.
E. Service of Record. Within fifteen (15) business days after receiving the entire appeal record from the city planner, the city clerk shall assemble the record and post the record on the city’s website, and notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, the city planner, and each interested party who has requested to be notified, that the record is available for viewing on the city’s website; if a party is represented by counsel, the city clerk shall notify the counsel in lieu of the party. The city clerk may accompany the notice with the notice required in subsection F of this section. Interested parties requesting a paper copy of the record shall be charged on a per-page basis in accordance with the city’s fee and rate schedule.
F. Notice of Hearing Date. The city clerk shall post a notice on the city’s website, at least fifteen (15) business days before written arguments are due, stating the nature of the appeal, the location of the property that is the subject of the appeal, the time and place of the hearing, and the date written arguments are due to the city clerk. The city clerk shall notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, and the city planner; if a party is represented by counsel, the city clerk shall notify the counsel in lieu of the party. The city clerk shall also send notice by regular mail to each interested party.
G. Written Arguments. An interested party must submit written argument to the city clerk on or before the due date for filing written argument. Written arguments submitted in a timely manner shall become part of the record on appeal. Within five (5) business days after the date written arguments are due, the city clerk shall post the timely written arguments on the city’s website and notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, the city planner, and each interested party who has requested to be notified, that the written arguments are available for viewing on the city’s website; if a party is represented by counsel, the city clerk shall notify the counsel in lieu of the party. Interested parties requesting a paper copy of the written arguments shall be charged on a per-page basis in accordance with the city’s fee and rate schedule.
H. The meeting at which the hearing office hears an appeal shall be open to the public and subject to the following order and time limitations:
1. City staff: ten (10) minutes to present the decision of the commission;
2. Appellant: fifteen (15) minutes;
3. Appellee: fifteen (15) minutes;
4. Interested persons: three (3) minutes each;
5. Appellant, for rebuttal: five (5) minutes.
The hearing officer may question each of the parities listed under this section and may adjourn the hearing for deliberative purposes. [Ord. 22-17 § 5, 2022.]
18.75.080 Administrative hearing officer scope of review and decision.
A. The hearing officer shall hear an appeal solely on the basis of the record and oral testimony received during the hearing.
B. The hearing officer shall defer to the judgement of the commission regarding disputed issues or findings of fact unless a substitution of their judgement is made. Findings of fact adopted expressly or by necessary implication by the commission may be considered as true if they are supported in the record by substantial evidence, meaning such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. If the record affords a substantial basis of fact from which the fact in issue may be reasonably inferred, it shall be considered that the fact is supported by substantial evidence.
C. The decision shall be in writing and shall be filed with the city clerk within thirty (30) days of the hearing. [Ord. 22-17 § 5, 2022.]
18.75.090 Appeals to Superior Court.
A. A final decision of an administrative hearing officer may be appealed to the Superior Court by any interested party to the proceedings.
B. An appeal to the Superior Court shall be filed within thirty (30) days from the date of distribution of final decision to the parties appearing before the hearing officer.
C. An appeal from a final decision of the hearing officer to the Superior Court is governed by court rules. [Ord. 22-17 § 5, 2022.]
18.75.010 Definitions.
Words and terms used in this chapter are defined in Chapter 18.70 BMC. [Ord. 22-17 § 5, 2022.]
18.75.020 Administrative hearing officer.
Appeals filed under this chapter shall be heard by an administrative hearing officer. The administrative hearing officer shall hear and decide appeals from decisions of the planning commission on conditional uses, variances, and other quasi-judicial zoning and land use determinations.
An administrative hearing officer shall be appointed by the city clerk and shall have a law degree or three years’ experience presiding over administrative hearings. [Ord. 22-17 § 5, 2022.]
18.75.030 Authority of administrative hearing officer.
The administrative hearing officer may change the prehearing schedule, the date of the hearing, or the procedure at the hearing, notwithstanding any other provision of this chapter, in response to a written request to the city clerk from the appellant or an interested party, for good cause shown; provided, that the appellant and all interested parties shall receive written notice of the administrative hearing officer’s action at least five (5) business days before the change becomes effective. The administrative hearing officer may determine all other matters of procedures in the appeal that are not prescribed in this chapter and may exercise their judgment on legal issues raised by the parties. [Ord. 22-17 § 5, 2022.]
18.75.035 Staff.
The city clerk or their designee shall assist the administrative hearing officer in preparing for and conducting the hearing. This includes making an electronic recording of the appeal hearing and preparing all correspondence, including the notification of the administrative hearing officer’s decision. [Ord. 22-17 § 5, 2022.]
* Code reviser’s note: Ord. 22-17 adds this section as 18.75.030. It has been renumbered to avoid duplication in numbering.
18.75.040 Stay.
An appeal stays the effectiveness of the decision or order appealed from until the administrative hearing officer finally decides the appeal; provided, that the administrative hearing officer may vacate the stay if doing so is necessary to avoid immediate danger to public health and safety. [Ord. 22-17 § 5, 2022.]
18.75.050 Appeal submission.
A. Any interested party adversely affected by a decision or order of the planning commission, other than a recommendation to the city council regarding a rezoning or an amendment to this title, may appeal the decision or order to the administrative hearing officer by filing an appeal with the city clerk within fifteen (15) calendar days after the effective date of the decision or order. The appeal shall state with specificity the grounds for the appeal and include contact information for the appellant or the appellant’s representative.
B. Except as provided in subsection C of this section:
1. An appeal application shall include a nonrefundable filing fee of three hundred dollars ($300), and a deposit of five hundred dollars ($500) for the costs the appellant is required to pay under subsection (B)(2) of this section.
2. The appellant shall pay the cost of preparing the transcript of the proceedings before the planning commission and mailing the notices required by BMC 18.75.070. If such costs exceed the amount of the deposit paid by the appellant under subsection (B)(1) of this section, the appellant shall pay the excess to the city no later than the date written arguments are due, or the appeal will be dismissed; provided, that the city clerk may waive payment of an excess amount that is less than one hundred dollars ($100). The city shall return any unexpended part of the deposit to the appellant within thirty (30) business days after issuance of the administrative hearing officer’s decision.
C. Within the time for filing the appeal application, an appellant may request that the city waive payment of part or all of the fee and costs described in subsection B of this section because of the appellant’s indigence. The request shall include a sworn financial statement from the appellant and be submitted to the city clerk. The city clerk will grant or deny the request based on a determination whether the appellant is indigent.
D. If a final decision of the administrative hearing officer or a court on an appeal under this chapter reverses or remands the decision or order of the planning commission, the city shall refund to the appellant the filing fee and costs paid by the appellant under subsection B of this section. [Ord. 22-17 § 5, 2022.]
18.75.060 Filing and service of documents.
A document is filed in an appeal on the date it is received by the city clerk. All documents filed in an appeal must be served on each interested party; if an interested party is represented by counsel, the document shall be served on the counsel in lieu of the interested party. [Ord. 22-17 § 5, 2022.]
18.75.070 Preparation of record – Notice of hearing date and process.
A. Upon the timely filing of an appeal, and any determination required under BMC 18.80.050:
1. List of Interested Parties. The city clerk shall notify the city planner and the city attorney of receipt of the appeal application. The city planner shall provide the city clerk with a list and mailing labels for each interested party in the appeal within five (5) business days of the request; and
2. Notice of Appeal. Upon timely receipt of the mailing labels of each interested party, the city clerk shall mail or personally serve notice of the appeal within five (5) business days to each interested party, the appellant, the applicant if not the appellant, the city attorney, and the city planner; if a party is represented by counsel, the city clerk shall notify their counsel in lieu of the party.
B. Content of Notice. The notice of appeal shall include:
1. A brief description of the decision appealed;
2. A copy of the appellant’s appeal application; and
3. A statement that the record and documents relating to the appeal may be viewed on the city’s website after they have been compiled.
C. Appointment of Administrative Hearing Officer. The city clerk shall submit the items stated in subsections (B)(1) and (B)(2) of this section and the name of the individual appointed as the administrative hearing officer to the council by information memorandum at the next available regular council meeting.
D. Record on Appeal. The city planner shall provide the city clerk with an electronic version of the record on the appeal within twenty (20) business days after the filing of the appeal. The appeal record shall consist of the transcript of the proceedings before the planning commission, copies of all documentary evidence, memoranda and exhibits, correspondence and other written material submitted to the planning commission, and a copy of the final written decision of the planning commission. The record shall be organized in chronological order, paginated, and include a detailed table of contents.
E. Service of Record. Within fifteen (15) business days after receiving the entire appeal record from the city planner, the city clerk shall assemble the record and post the record on the city’s website, and notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, the city planner, and each interested party who has requested to be notified, that the record is available for viewing on the city’s website; if a party is represented by counsel, the city clerk shall notify the counsel in lieu of the party. The city clerk may accompany the notice with the notice required in subsection F of this section. Interested parties requesting a paper copy of the record shall be charged on a per-page basis in accordance with the city’s fee and rate schedule.
F. Notice of Hearing Date. The city clerk shall post a notice on the city’s website, at least fifteen (15) business days before written arguments are due, stating the nature of the appeal, the location of the property that is the subject of the appeal, the time and place of the hearing, and the date written arguments are due to the city clerk. The city clerk shall notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, and the city planner; if a party is represented by counsel, the city clerk shall notify the counsel in lieu of the party. The city clerk shall also send notice by regular mail to each interested party.
G. Written Arguments. An interested party must submit written argument to the city clerk on or before the due date for filing written argument. Written arguments submitted in a timely manner shall become part of the record on appeal. Within five (5) business days after the date written arguments are due, the city clerk shall post the timely written arguments on the city’s website and notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, the city planner, and each interested party who has requested to be notified, that the written arguments are available for viewing on the city’s website; if a party is represented by counsel, the city clerk shall notify the counsel in lieu of the party. Interested parties requesting a paper copy of the written arguments shall be charged on a per-page basis in accordance with the city’s fee and rate schedule.
H. The meeting at which the hearing office hears an appeal shall be open to the public and subject to the following order and time limitations:
1. City staff: ten (10) minutes to present the decision of the commission;
2. Appellant: fifteen (15) minutes;
3. Appellee: fifteen (15) minutes;
4. Interested persons: three (3) minutes each;
5. Appellant, for rebuttal: five (5) minutes.
The hearing officer may question each of the parities listed under this section and may adjourn the hearing for deliberative purposes. [Ord. 22-17 § 5, 2022.]
18.75.080 Administrative hearing officer scope of review and decision.
A. The hearing officer shall hear an appeal solely on the basis of the record and oral testimony received during the hearing.
B. The hearing officer shall defer to the judgement of the commission regarding disputed issues or findings of fact unless a substitution of their judgement is made. Findings of fact adopted expressly or by necessary implication by the commission may be considered as true if they are supported in the record by substantial evidence, meaning such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. If the record affords a substantial basis of fact from which the fact in issue may be reasonably inferred, it shall be considered that the fact is supported by substantial evidence.
C. The decision shall be in writing and shall be filed with the city clerk within thirty (30) days of the hearing. [Ord. 22-17 § 5, 2022.]
18.75.090 Appeals to Superior Court.
A. A final decision of an administrative hearing officer may be appealed to the Superior Court by any interested party to the proceedings.
B. An appeal to the Superior Court shall be filed within thirty (30) days from the date of distribution of final decision to the parties appearing before the hearing officer.
C. An appeal from a final decision of the hearing officer to the Superior Court is governed by court rules. [Ord. 22-17 § 5, 2022.]