Chapter 17.28
HEARING EXAMINER
Sections:
17.28.010 Hearing examiner created.
17.28.020 Appointment and term.
17.28.050 Initiation of action.
17.28.080 Decision of hearing examiner.
17.28.090 Request for reconsideration.
17.28.100 Appeal of examiner’s decision.
17.28.010 Hearing examiner created.
The office of the town of Yarrow Point hearing examiner, hereinafter referred to as the examiner, is hereby created. The examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by ordinance. Unless the context requires otherwise, the term “examiner” as used in this chapter shall include deputy examiners and examiners pro tem. (Ord. 549 § 1, 2005)
17.28.020 Appointment and term.
The mayor shall appoint the hearing examiner, subject to confirmation by the council, for a maximum of one year. The mayor may also appoint deputy examiners or examiners pro tem in the event of the examiner’s absence or inability to act. The town may terminate the agreement for hearing examiner services at any time with 30 days’ notice. (Ord. 549 § 1, 2005)
17.28.030 Qualifications.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings and to discharge other delegated functions. Examiners shall hold no other elective or appointive office or position with town government. (Ord. 549 § 1, 2005)
17.28.040 Undue influence.
No person, including town officials, elected or appointed, shall attempt to influence an examiner in any matter pending before him or her, except at a public hearing called for such purpose, or to interfere with an examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit the town attorney from rendering legal service to the examiner upon request. (Ord. 549 § 1, 2005)
17.28.050 Initiation of action.
The examiner shall hold public hearings in response to any person or corporation who has filed a request for a shoreline substantial development permit, variance, or an appeal in accordance with town ordinances including the payment of fees as determined by town resolution. Written notice thereof shall be addressed through the United States mail to all property owners of record within a radius of 300 feet of the exterior boundaries of subject property. The written notice shall be mailed not less than 14 days prior to the hearing. (Ord. 668 § 1, 2016; Ord. 549 § 1, 2005)
17.28.060 Authority.
The examiner shall have the authority to:
A. Receive and examine available information;
B. Conduct public hearings in accordance with Chapter 42.32 RCW and all other applicable laws, and to prepare a record thereof;
C. Administer oaths and affirmations;
D. Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;
E. Regulate the course of the hearing;
F. Make and enter written findings of fact and conclusions to support his or her decisions;
G. At the examiner’s discretion, hold conferences for the settlement or simplification of the issues;
H. Conduct discovery;
I. Dispose of procedural requests or similar matters;
J. Take official notice of matters of law or material facts;
K. Issue summary orders in supplementary proceedings; and
L. Take any other action authorized by or necessary to carry out this chapter.
The above authority may be exercised on all matters for which jurisdiction is assigned to the examiner by town ordinance, code or other legal action of the town council. The nature of the examiner’s decision shall be as specified in this chapter and in each ordinance or code that grants jurisdiction to the examiner. (Ord. 549 § 1, 2005)
17.28.070 Jurisdiction.
A. The examiner is empowered to review any interpretation of the provisions of the zoning ordinance made by the building official, and any order, requirement, decision, or determination relating thereto, in the application for any specific provisions of the zoning ordinance to any parcel of land and/or structure. The examiner may affirm or reverse the interpretation of the provisions of the zoning ordinance made by the building official, any order, requirement, decision, or determination relating thereto, and the examiner’s decision shall be based upon the record and the findings in each case, and to that end it shall have all of the powers of the building official.
B. The examiner shall have and exercise original jurisdiction in receiving, granting, or denying all requests for property uses not specified in the zoning ordinance, after public hearing, and a finding of the examiner that the spirit and general intent of the ordinance are met and that the special use will not be materially detrimental to others.
C. Variances. Where there are undue hardships and practical difficulties which render it difficult to carry out the provisions of the zoning ordinance, the examiner shall have power, in passing upon request for special exemptions, to grant a variance in harmony with the general purpose and intent of the provisions herein contained, and such variances may vary any rules, regulations, or provisions of the zoning ordinance, so that the spirit of the ordinance will be observed, public safety secured and substantial justice done. However, the examiner shall not vary any of the rules, regulations, or provisions of the ordinance unless he or she shall find that all of the following conditions exist in each case:
1. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classifications.
2. That the variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.
3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.
D. Shoreline Substantial Development Permits. The examiner shall approve, deny, or approve with conditions all applications for shoreline substantial development permits in accordance with procedures established by the town. (Ord. 668 § 1, 2016; Ord. 549 § 1, 2005)
17.28.080 Decision of hearing examiner.
The examiner shall render a written decision within 10 working days of the conclusion of the hearing, unless, in the opinion of the examiner, additional testimony is warranted. In such case, the hearing examiner shall render a written decision within 10 working days from the conclusions of the reopened hearing and/or the receipt of any requested information. The decision shall include at least the following:
A. Findings of fact and conclusions of law based upon and supported by the record;
B. A decision on the application to grant, deny, or grant with conditions, modifications, and restrictions as the examiner finds reasonable to make the application compatible with the environment, the comprehensive plan, official policies and objectives, and land use regulations. Examples of the kinds of conditions, modifications, and restrictions that may be imposed include, but are not limited to, setbacks, screenings, easements, dedications or additional rights-of-way;
C. No application for a variance shall be granted unless the examiner finds that the requested variance meets all of the requirements of the town code;
D. A statement of the date when the decision will be final unless appealed, together with a description of the appeal procedure;
E. The hearing examiner shall stipulate in the decision, if applicable, any conditions associated with granting of the relief including the time limit after which said variance shall expire if not utilized;
F. The decision of the hearing examiner shall be filed with the town clerk/treasurer and copies shall be mailed to the applicant and to all other parties of record within three working days following the rendering of a written decision.
G. The town shall file all shoreline decisions with the appropriate agencies. (Ord. 668 § 1, 2016; Ord. 549 § 1, 2005)
17.28.090 Request for reconsideration.
Any party to the proceeding who is aggrieved by the variance decision of the examiner may submit a written request for reconsideration of the examiner by filing a request with the town clerk/treasurer within 14 calendar days of the examiner’s decision. Such request shall specify the error of law or fact, procedural error or new evidence that could not have been reasonably available at the time of the hearing conducted by the examiner upon which the request is based. Within 10 working days from the date the hearing examiner receives a request for reconsideration, a decision shall be issued on whether or not to reopen the hearing. Said decision shall be mailed to all parties of record within three working days after the examiner’s decision is made. (Ord. 668 § 1, 2016; Ord. 549 § 1, 2005)
17.28.100 Appeal of examiner’s decision.
A. In the case of a variance, the decision of the examiner may be appealed by an aggrieved party to the council within 21 calendar days of the date of mailing of the examiner’s decision. All matters of substance of procedure relating to such appeals shall be governed by applicable state statutes and town ordinances. The timely filing of an appeal shall stay the effective date of the examiner’s decision until such time as the appeal is adjudicated or withdrawn.
B. In the case of a shoreline substantial development permit, an aggrieved party may appeal the decision to the State Shorelines Hearing Board. (Ord. 668 § 1, 2016; Ord. 549 § 1, 2005)