Ordinance 03-081 Amends Ordinance 03-057 Hearing Examiner CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 03-081
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AMENDING ORDINANNCE NO.57 ENTITLED"AN ORDINANCE
OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE
OFFICE OF THE HEARING EXAMINER,ADOPTING A HEARING EXAMINER
SYSTEM, CONFERRING JURISDICTION AND PROVIDING FOR RULES AND
REGULATIONS."
WHEREAS, following the incorporation of the City of Spokane Valley,various Ordinances
have been reviewed and revised in an effort to facilitate the operations of the City; and
WHEREAS, upon review, it has been determined that Ordinance No. 57 relating to the hearing
examiner system should he amended in order to clarify and modify the legal effect and appeal process for
certain land use decisions; and
WHEREAS,such modifications will facilitate the land use hearing and permitting process in a manner
that best serves the interest of the community.
NOW,THEREFORE,the City Council of the City of Spokane Valley,Spokane County,Washington,
do ordain as follows:
Section 1. Amendment. Ordinance No. 57, Section 11 is hereby amended as follows.
Section 11. Decision-Legal Effect. The Examiner will receive and examine
available information,make site visits,take official notice of matters,conduct public hearings,
prepare a record thereof;and enter findings,decision or recommendations as provided in this
section.
A. The decision of the Examiner on the following matters shall be final and
conclusive and have the effect of a final decision of the City Council.
I. Applications for variances;
2. Conditional use permits;
3. Special use permits;
4. Shoreline Permits, when a public hearing is required;
5. Preliminary plats;
6. Appeals from any administrative decision of the Department of
Planning in the administration or enforcement of the Zoning Code or other
land use code or regulation;
7. Appeals on State Environmental Policy Act determinations.
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B. The decision of the Examiner on the following matters shall be given the
effect of an administrative decision appealable to the City Council:
1. Site specific zone changes of property, including any environmental
determination (under SEPA);
2. Planned unit developments, including any environmental
determination(under SEPA); and
3. Any other applications or appeals that the City Council may refer by
motion or ordinance, specifically declaring the Hearing Examiner
can be appealed to the City Council.
C. The decision of a matter listed in Paragraph A above,except for a shoreline
permit,shall be given the effect of an administrative decision appealable to the City Council.,
if it is related to a decision on a matter listed in Paragraph B that was heard concurrently and
that is appealed to the City.
D. In addition to the powers set forth herein,the Examiner may:
I. Regulate the course of the hearing in accord with this ordinance and
other applicable laws and rules;
2. Hold conferences for the settlement or simplification of issues by
consent of the parties;
3. Dispose of procedural requests or similar matters;
4. Take such other action authorized by ordinance.
E. The Examiner is hereby empowered to act in lieu of the Board of
Adjustment,the Planning Commission,and such other official,boards or commissions as may
be assigned, for land use issues listed in Section 9,and other land use issues authorized by the
City Council. Wherever existing ordinances, codes or policies authorize or direct the City
Council,Board of Adjustment,Planning Commission or other official,boards or commissions
to undertake certain activities which the Examiner has been assigned,such ordinances,codes
or policies will be construed to refer to the Examiner.
Section 2. Amendment. Ordinance No. 57, Section 15 is hereby amended as follows.
Section 15. Appeals. Unless provided otherwise by this Ordinance or statute(see
RCM Chapter 36.70C and RC W Chapter 90.58),any aggrieved person may submit a written
appeal of the Examiner's Decision to the Council within fourteen(14)calendar days from the
date the final decision of the Examiner is rendered. For purposes of this section an"aggieved
person" means an individual or entity who appeared and submitted testimony or evidence at
the hearing before the Examiner. The Council shall hold a closed-record hearing on the
appeal.
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Such written appeal shall allege specific errors of law or fact, specific procedural
errors or errors in the interpretation of the Comprehensive Plan or development regulations.
Upon such written appeal being filed within the time period allotted and upon
payment of fees as required,a hearing will be held by the City Council. Such hearing will be
held in accord with appeal procedures adopted by the City Council. If the Examiner has
recommended approvals of the proposal,such recommendation will be considered by the City
Council at the same time as the consideration of the appeal. The Examiner's decision will be
presumed to be correct and supported by the record and law.
Where the Examiner's Decision recommends approval of the proposal and no appeal
has been tiled within the time period set forth above,City staff shall prepare an ordinance(or
other appropriate legal document) that completes the Examiner's Decision through final
legislative action of the City Council. Such final action,for zoning purposes,is considered an
."official control" of the City by exercise of its zoning and planning authority pursuant to
Washington law.
Section 3. Effect. Except as set forth above,Ordinance No. 57 shall remain in full force and effect.
Section 4. Severability. if any section,sentence,clause or phrase of this ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five(5)days after date of
publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 2 3 day of September, 2003.
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Michael De\'leming, ayor
Christine Bainbridge, City Clerk
Approved as to form:
Lir_. .
iter' City • ry, Stanley . Schwartz
Date of Publication: �� 2-70 3
Effective Date: /1j -Q a
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