2.51.090 Powers.

(1)    Except as provided for in subsection (2) 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 Clark County Code, on the following matters:

(a)    Rezone applications and revisions or rescissions of agreements concomitant to rezones;

(b)    Preliminary plat applications and short plat appeals;

(c)    All other applications for permits or approvals, including appeals, under Title 40 of this code which call for an appeal of a Type I or Type II decision or a hearing on a Type III decision;

(d)    Administrative determinations and penalty appeals under the Commute Trip Reduction Ordinance (Ordinance 1993-01-21, codified as Chapter 5.50 of this code);

(e)    Development agreements authorized by RCW 36.70B.170;

(f)    Appeals of administrative decisions pursuant to the provisions of the Clark County Code.

(2)    Notwithstanding the provisions of subsection (1) of this section, the following matters shall be heard by the planning commission:

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

(b)    Any application otherwise delegated to the examiner under the provisions of subsection (1)(a) or (1)(c) 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;

(c)    Any application otherwise delegated to the examiner under the provisions of subsection (1) of this section, where due to disqualification, incapacity or other reason, no examiner is available to timely hear such matter. (Sec. 9 of Res. 1979-04-56; amended by Sec. 2 of Ord. 1981-01-06; amended by Sec. 1 of Ord. 1983-05-43: amended by Sec. 1 of Ord. 1984-10-81; amended by Sec. 1 of Ord. 1991-06-03; amended by Sec. 3 of Ord. 1993-01-21; amended by Sec. 4 of Ord. 1995-08-23; amended by Sec. 1 of Ord. 1996-02-21; amended by Sec. 4 of Ord. 1999-02-21; amended by Sec. 3 of Ord. 2009-10-19)