Ordinance 04-012 Amends Ordinance 03-57; Hearing Examiner CI-WY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 0.4-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING ORDINANCE NO. 57 ENTITLED "AN ORDINANCE OF THE
CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE OFFICE OF THE
HEARING EXAMINER, ADOPTING A HEM.UNG EXAMINER SYSTEM, CONFERRING
JURISDICTION AND PROVIDING FOR RULES AND REGULATIONS."
WHEREAS, for quasi-judicial land use hearings the City has established a Hearing Examiner
system for the purpose of receiving evidence, developing a record and rendering a decision;
•
1.VHERE.AS. Washington law provides that a quasi—judicial site specific zone change and a
Planned Unit Development"PU D" decision made by a Hearing Examiner must be either a
recommendation to the City Council for final approval or an administrative decision that may be appealed
to the City Council;
WHEREAS, the final implementation of the site specific zone change or PUD is a modification to
the official zoning map of the City through ordinance of the City or other action authorized by ordinance
pursuant to R 35A.63.100;
•
WHEREAS,the Cily Council desires to authorize the City Manager or designee to modify the official
zoning map following a final decision of the Hearing Examiner on a site specific zone change and P li)that is
not appealed to the City Council; and '
WHEREAS,this amendment will facilitate and complete the land use hearing and permitting process
in a manner that serves the interest of the community,
•
NOW,THEREFORE,the City Council ofthe City of Spokane Valley,Spokane Count}+, Washington,
do ordain as follows:
Section l.. Amendment. Ordinance.No. 57, Section 15 is hereby amended as follows.
Section 15. Appeals_ Unless provided otherwise by this Ordinance or statute(see.
RCW Chapter 36.700 and RCW Chapter 90,58),any aggrieved person may submit a wr itten
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 ofthis section an"aggrieved
person" means an individual or entity who appeared and submitted testimony or evidence at
the hearing befbrc the Examiner. The Council shall hold a closed-record hearing on the
appeal.
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 approval of the proposal,such recommendation will be considered by the City
Ordinance.04-012(k[caring Examiner, D3-057;03-051) Page I of 2
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 filed within the time period set forth above, the City Manager or designee shall
modify the official zoning map of the City according to the Hearing Examiner's Decision.
The modification of the zoning map completes the Examiner's Decision and shall be
considered the 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 2. Effect. Except as set forth above,Ordinance No. 57,as amended,shall remain in full force
and effect.
Section 3. 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 4. 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"day of March,2004.
0 I Ilk ,,
Mayor, Michael DeVleming
ATT-E &24:11_,
.
C—ityMerl:,Chris Bainbridge Y
Approved as to Form:
rater. City tiC y, Stanle ./M. Schwartz
Date of Publication: .. — b _d
Effective Date: A -1/- r 7
Ordinance 04-012(Hearing Examiner,03-057;03-081) Page 2 of 2