A. To separate the land use regulatory function from the land use planning process;

B. To ensure procedural due process and appearance of fairness in land use regulatory hearings; and

C. To provide an efficient and effective land use regulatory system which integrates the public hearing and decision making processes for land use matters.

A. The Examiner shall be empowered to hear and decide any and all requests for a variance of the City zoning ordinances, pursuant to the limitations of RCW 35A.63.110(2).

B. The Examiner shall be empowered to hear and decide any and all requests for a conditional use permit pursuant to the City zoning ordinances.

C. The Examiner shall be empowered to hear and decide any and all appeals related to an environmental determination pursuant to the City ordinances or relating to Chapter 43.21C RCW.

D. The Examiner shall be empowered to hear and decide any and all requests for a special use permit pursuant to the City zoning ordinances;

E. The Examiner shall be empowered to hear and decide any and all appeals of the actions of the zoning code enforcement and building officials of the City pursuant to the City zoning ordinances and administrative enforcement ordinances;

F. The Examiner shall be empowered to hear and decide any and all appeals alleging an error in a decision of a City official in the interpretation or the enforcement of the zoning code or any other part of the development code; and

G. The Examiner shall be empowered to hear and decide any and all other matters assigned to the Examiner pursuant to this Code.

A. Applications for all matters to be heard by the Examiner, including appeals, shall be presented to the Clerk-Treasurer. The Clerk-Treasurer shall accept such applications only if all applicable filing requirements are met, including any filing fee. The Clerk-Treasurer shall be responsible for assigning a date for a public hearing for each application and for ensuring due notice of public hearing for each application. The public hearing date shall not be more than ninety (90) days after the filing of a completed application and furnishing all necessary data to the Clerk-Treasurer.

B. The Clerk-Treasurer, in consultation with the Mayor, shall establish an application fee that recovers from applicants at least seventy-five percent of the costs of the Examiner.

A. Written Appeal. Appeals shall be written and shall include the following:

B. Filing the Appeal. The appellant shall file an appeal with the Clerk-Treasurer within ten (10) days after the date of the decision being appealed.

C. Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in this section has not been submitted to the Clerk-Treasurer within the time limit established in this section, Clerk-Treasurer has the authority to reject the appeal. In such instances, the Clerk-Treasurer shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).

D. Stay of Proceedings. If an appeal is properly filed within the time limit, the appealed decision shall be suspended, and no further development action which is the subject of the appeal may be taken until the appeal is decided, but if a suspension would cause imminent peril to life or property, development action may be continued only by an order issued by the board or by a court of competent jurisdiction.

E. Department Action. If an appeal is properly filed within the time limit, Clerk-Treasurer shall:

A. Written Appeal. Appeals shall be written and shall include the following:

B. Filing the Appeal. The appellant shall file an appeal with the Clerk-Treasurer within ten (10) days after the date of the decision being appealed.

C. Rejection of Appeal. If an appeal is not properly filed because one (1) or more of the required materials set forth in this section has not been submitted to the Clerk-Treasurer within the time limit established in this section, the Clerk-Treasurer has the authority to reject the appeal. In such instances, the Clerk-Treasurer shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).

D. Stay of Proceedings. If an appeal is properly filed within the time limit, the Notice of Violation and Order to Correct or Cease Activity shall be suspended, and no further enforcement action shall be taken unless the City files for accelerated review of the appeal because of an emergency situation. In the event a request for accelerated review is received, the Examiner will conduct a preliminary hearing to determine the hearing schedule and to enter any temporary order to protect the general welfare of the citizens of the City if deemed necessary.

E. Department Action. If an appeal is properly filed within the time limit, the Clerk-Treasurer shall:

A. When an application has been set for public hearing, the Clerk-Treasurer shall coordinate and assemble the comments and recommendations of other City departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the findings and recommendations of the various agencies and City departments.

B. When an appeal has been set for public hearing, the Clerk-Treasurer shall coordinate and assemble the staff report, minutes if any, the decision, a preliminary response to the appeal and other relevant material. At least seven (7) calendar days prior to the scheduled hearing, those materials shall be filed with the Hearing Examiner. The project applicant, appellant, and other interested parties who have made requests to the Clerk-Treasurer shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so.

A. The application or petition;

B. The departmental staff reports;

C. All evidence received or considered, which shall include all exhibits and other materials filed;

D. A statement of all matters officially noticed;

E. A decision or a recommendation containing the findings and conclusions of the Examiner;

F. Any environmental determination made pursuant to the State Environmental Policy Act (SEPA) and the City ordinances in furtherance of that act.

A. Findings of fact based upon the record and conclusions of law therefrom which support the examiner’s decision. Such findings and conclusions shall also set forth the manner by which the decision would carry out and conform to the City’s Comprehensive Plan, other official policies and objectives, and land use regulatory enactments;

B. A decision on the application which may be to grant, deny, or grant with conditions, modifications, and restrictions which the examiner finds necessary to make the application compatible with its environment, the Comprehensive Plan, other official policies and objectives, and land use regulatory enactments;

C. A statement that the decision will become final in ten calendar days unless appealed to the council together with a description of the appeal procedure prescribed in Section 19.73.220.

A. Any party who feels aggrieved by the Examiner's decision may submit an appeal in writing to the Clerk-Treasurer within ten (10) days from the date the final decision of the Examiner is rendered, requesting a review of such decision. Such appeal shall contain a brief statement of the reason why error is assigned to the Examiner’s decision. The Clerk-Treasurer shall submit the appeal to the City Council for consideration.

B. Such appeal shall be upon the record established and made at the hearing held by the Examiner. Whenever a decision of the Examiner is reviewed by the Council pursuant to this Section, other parties of record may submit written memoranda in support of their positions. In addition, the Council shall allow each side no more than fifteen minutes of oral presentation. No new evidence or testimony shall be presented to the Council during such oral presentation. The Council may accept, modify, or reject any findings or conclusions, or may remand the decision of the Examiner for further hearing or acceptance of new and/or additional evidence; provided that any decision of the Council shall be based upon the record of the hearing conducted by the Examiner; however, the Council may publicly request additional information of the appellant, the Examiner, City departments, or other interested parties at its discretion.

C. The Council shall review any timely written appeal that has been filed in accordance with the procedures set forth in this chapter. Such review shall be held in accordance with appeal procedures adopted by the Council by resolution.

D. The timely filing of a written appeal in accordance with the procedures set forth in this Chapter shall stay the effective date of the Examiner’s decision until such time as the appeal is adjudicated by the Council or is withdrawn.

E. Within five (5) days following the timely filing of an appeal, notice thereof and of the date, time and place for the Council’s consideration shall be mailed to the appellant and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments, which shall be two (2) days before the date set for council consideration.

A. When taking any action on appeal, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The decision of the council is limited to a review of the record produced by the Examiner and arguments as to errors alleged to have been produced by the Examiner. The Council may adopt all or portions of the Examiner's findings and conclusions. If the Council finds the Examiner’s decision should be modified, the decision of the Examiner shall be remanded to the Examiner to review the concerns of the Council and prepare and submit for further examination by the Council revised findings and conclusions if appropriate.

B. Any action by the Council to overturn a decision of the Examiner shall require a vote of a simple majority plus one of the members present at the Council meeting. The action of the Council approving, modifying, or rejecting a decision of the Examiner shall be final and conclusive unless within ten (10) days from the date of the Council’s action, the aggrieved party or person apples for a writ of review to the Superior Court of Washington for Grant County, for the purpose of review of the action taken.