HomeMy WebLinkAbout3169Ordinance No. 3169
(Amending or Repealing Ordinances)
CFN=131— Zoning Codes
458 — Subdivision Code
231 — Board of Adjustment
Passed 5/17/1994
Amending Ch. 2.32, Sec. 12.04.250; and Ch. 12.01
Amended by Ord. 3424 (Secs. 2.32.090, 2.32.100, 2.32.110, 2.32.120,
2.32.130, 2.32.140, & 12.04.250)
Amended by Ord. 3511 (Secs. 2.32.090 & 12.04.250)
Amended by Ord. 3560 (Sec. 2.32.090(6))
Amended by Ord. 3574 (Sec. 2.32.150 & Sec. 2.32.160)
Amended by Ord. 3906 (Ch. 12.04)
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ORDINANCE NO. �/ 6 7
AN ORDINANCE of the City of Kent,
Washington, amending Chapter 2.32 entitled
"Office of the Hearing Examiner", amending
KCC 12.04.250 relating to appeals of
decisions of the short subdivision committee;
and repealing Chapter 12.01 KCC relating to
the Board of Adjustment.
(/ WHEREAS, it is in the City's best interest to establish
a single, efficient, integrated system for interpreting,
reviewing, and hearing and conducting appeals with regard to land
a use decisions, administrative decisions, and other matters; and
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WHEREAS, in order to establish such a system, the City
Council has determined it appropriate to consolidate functions by
eliminating the Board of Adjustment and by providing that all
matters previously heard by the Board of Adjustment be heard by
the City's hearing examiner and by consolidating the hearing of
other matters; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code (KCC) Chapter 2.32 is hereby
amended as follows:
CHAPTER 2.32. OFFICE OF HEARING EXAMINER
Sec. 2.32.010. Purpose.
It is the purpose of this chapter t -e:
A. With regard to land use matters to:
1. Provide a single, efficient, integrated land
use regulatory hearing system;
2. Render land use regulatory decisions and
recommendations to the city council;
3. Provide a greater degree of due process in
land use regulatory hearings;
4. Separate the land use policy formulation and
the land use policy administration processes.
B. With regard to other matters to:
1. Provide a sincrle, efficient integrated system
for hearing appeals of administrative
decisions.
2. Provide a forum to hear other matters as
established by City code.
Sec. 2.32.020. Creation.
The office of the hearing examiner is created. The
hearing examiner shall interpret, review, and implement land use
regulations,, hear appeals from orders, recommendations, permits,
decisions or determinations made by a city official as set forth
in this chapter; and review and hear other matters as provided
for in this Code and other ordinances. The term "hearing
examiner" shall likewise include the examiner pro -tem.
Sec. 2.32.030. Appointment and terms.
The hearing examiner and examiner pro -tem shall be
appointed by the elty =a-~_~_-trate_ and shall serve at the
pleasure of the e`i l- adfain__trat = mayor.
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Sec. 2.32.040. Compensation.
The hearing examiner and examiner pro -tem may, at the
discretion of the city council, be classified as permanent part-
time employees, or the city may contract with the hearing
examiner and examiner pro -tem for the performance of duties
described in the Code. The compensation paid the hearing examiner
and examiner pro -tem shall be that established in the city annual
budget.
Sec. 2.32.050. Qualifications.
The hearing examiner and examiner pro -tem shall be
appointed solely with regard to their qualifications for the
duties of the office which shall include, but not be limited to,
persons with appropriate educational experience, such as an urban
planner or public administrator, with at least five (5) years'
experience, persons who have extensive experience in planning
work in a responsible capacity, and persons with legal
experience, particularly where the experience is in the area of
land use management of administrative law.
Sec. 2.32.060. Hearing examiner pro -tem; qualifications and
duties.
In the event of the absence or the inability of the
hearing examiner to act, the examiner pro -tem shall have all the
duties and powers of the hearing examiner.
Sec. 2.32.070. Conflict of interest.
The hearing examiner shall not conduct or participate
in any hearing or decision in which the hearing examiner has a
direct or indirect personal interest which might exert such
influence upon the examiner that might interfere with his
decision-making process. Any actual or potential conflict of
interest shall be disclosed to the parties immediately upon
discovery of such conflict. Participants in the land use
regulatory process have the right, insofar as possible, to have a
hearing examiner free from personal interest or prehearing
contacts on land use regulatory matters considered by him. It is
recognized that there is a countervailing public right to free
access to public officials on any matter. If such personal or
prehearing interest contact impairs the hearing examiner's
ability to act on the matter, such person shall so state and
shall abstain therefrom to the end that the proceeding is fair
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and has the appearance of fairness, unless all parties agree in
writing to have the matter heard by that hearing examiner.
Sec. 2.32.080. Freedom from improper influence.
No city council member, city official or any other
person shall attempt to interfere with, or improperly influence
the hearing examiner in the performance of his designated duties.
Sec. 2.32.090. Duties.
The hearing examiner shall have the following duties
with respect to applications of matters submitted before him or
her.
A. Types of applications.
1. Decisions of the Hearing Examiner. The
hearing examiner shall receive and examine
available information, conduct public
hearings, prepare a record thereof, and enter
findings of fact and conclusions based upon
these facts, which conclusions shall
represent the final action on the
application, unless appealed, as specified in
this section for the followingss =f
_., t .
a. Conditional use permits;
b. Shoreline permits;
C. Sign variances;
d. Planned unit developments;
e. Multifamily design review; and
f. Business license denials, revocations.
g_ Code violations pursuant to Chapter
1.04.
h. Appeals of a decision of the short
subdivision committee.
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i. Appeals from orders, recommendations
permits, decisions or determinations_
made by a city official in the
administration or enforcement of the
provisions of the zoning code or any
ordinance adopted pursuant to it.
J. Applications for variances from the
terms of the zoning code, provided,
however, that no application for a
variance shall be granted unless the
hearing examiner finds:
i. The variance shall not constitute a
grant of special privilege
inconsistent with the limitation
upon uses of other properties in
the vicinity and zone in which the
property on behalf of which the
application was filed is located;
ii. That such variance is necessar
because of special circumstances
relating to the size, shape,
topography, location, or
surroundings of the subject
property, to provide it with use
rights and privileges permitted to
other properties in the vicinity
and in the zone in which the
subject property is located; and
iii. That the granting of such variance
will not be materially detrimental
to the public welfare or injurious
to the property or improvements in
the vicinity and zone in which the
subject property is situated.
k. Such other matters as may be designated
by ordinance.
2. Recommendations of the Hearing Examiner. The
hearing examiner shall receive and examine
available information, conduct public
hearings, prepare a record thereof and enter
findings of fact and conclusions based upon
those facts, together with a recommendation
to the city council, for the following
_., t ,
a. Rezones;
b. Preliminary plats;
C. Special use combining districts,
including mobile home park combining
districts;
d. Initial zoning designations for annexed
areas or zoning designations for
proposed annexations to become effective
upon annexation.
e. Such other matters as may be designated
by ordinance.
3. The hearing examiner shall conduct public
hearings when required under the provisions
of the state environmental policy act;
conduct public hearings relative to possible
revocation of any conditional use permit;
conduct such other hearings as the city
council may for time to time deem
appropriate.
4. References. All references in the city code
and elsewhere to the Board of Adjustment
shall be construed as referring to the
hearing examiner.
B. Recommendation or decision.
1. The hearing examiner's recommendation or
decision may be to grant or deny the
application, or the hearing examiner may
recommend or require of the applicant such
conditions, modifications and restrictions as
the hearing examiner finds necessary to make
the application compatible with its
environment; with applicable state laws; and
to carry out the objectives and goals of the
comprehensive plan, the zoning code, the
subdivision code, and other codes and
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ordinances of the city. Conditions,
modifications and restrictions which may be
imposed are, but are not limited to,
additional setbacks, screenings in the form
of landscaping and fencing, covenants,
easements and dedications of additional road
rights-of-way. Performance bonds or other
financial assurances may be required to
insure compliance with conditions,
modifications and restrictions.
2. In regard to applications for rezones,
preliminary and final plat approval and
special use combining districts, the hearing
examiner's findings and conclusions shall be
submitted to the city council, which shall
have the final authority to act on such
applications. The hearing by the hearing
examiner shall constitute the hearing by the
city council.
Sec. 2.32.100. Applications.
Applications for all matters to be heard by the hearing
examiner shall be presented to the planning department. When it
is found an application meets the filing requirements of the
planning department, it shall be accepted. The planning
department shall be responsible for assigning a date for the
public hearing for each application. The date shall not be more
than one hundred (100) days after the applicant has complied with
all requirements and furnished all necessary data for the
planning department.
Sec. 2.32.110. Report by planning department.
The planning department shall coordinate and assemble
the comments and recommendations of other city departments and
governmental agencies having an interest in the application and
shall prepare a report summarizing the factors involved and the
planning department findings and supportive recommendations. At
least seven (7) calendar days prior to the scheduled hearing, the
report shall be filed with the hearing examiner and copies shall
be mailed to the applicant and shall be made available for use by
any interested party for the cost of reproduction.
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Sec. 2.32.120. Public hearing.
A. Before rendering a decision or recommendation on any
application, the hearing examiner shall hold at least one (1)
public hearing thereon.
B. Notice of the time and place of the public hearing
shall be given as provided in the ordinance governing the
application. If none is specifically set forth, such notice shall
be given at least ten (10) days prior to such hearing.
C. The hearing examiner shall have the power to
prescribe rules and regulations for the conduct of hearings under
this chapter and also to administer oaths, and preserve order.
Sec. 2.32.130. Decision and recommendation.
A. When the hearing examiner renders a decision or
recommendation, the hearing examiner shall make and enter written
findings from the record and conclusions therefrom which support
such decision. The decision shall be rendered within ten (10)
working days following conclusion of all testimony and hearings,
unless a longer period is mutually agreed to in writing by the
applicant and the hearing examiner. The copy of such decision,
including findings and conclusions, shall be transmitted by first
class mail, to the applicant and other parties of record in the
case requesting the same. There shall be kept in the planning
department a signed affidavit which shall attest that each
mailing was sent in compliance with this provision.
B. In the case of applications requiring city council
approval, the hearing examiner shall file a decision with the
city council at the expiration of the period provided for a
rehearing, if one is conducted or within ten (10) working days
following conclusion of all testimony and rehearings on the
matter.
Sec. 2.32.140. Reconsideration.
Any aggrieved person feeling that the decision or
recommendation of the hearing examiner is based on erroneous
procedures, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available
at the prior hearing, may make a written request for
reconsideration by the hearing examiner within fourteen (14) days
of the date the decision or recommendation is rendered. This
request shall set forth the specific errors or new information
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relied upon by such appellant, and the hearing examiner may,
after review of the record, take further action as he deems
proper.
Sec. 2.32.150. Appeal of decision.
A. Any party who feels aggrieved by the hearing
examiner's decision may submit an appeal in writing to the city
council within fourteen (14) calendar days from the date the
final decision of the hearing examiner is rendered, requesting a
review of such decision unless such a-ppeal to the city council is
precluded by ordinance and/or unless an ordinance provides that
appeals be made directly to the Superior Court or to another
forum.
B. The appeal shall be upon the record established and
made at the hearing held by the hearing examiner, provided that
new evidence which was not available at the time of the hearing
held by the hearing examiner may be included in such appeal. The
term "new evidence" shall mean only evidence discovered after the
hearing held by the hearing examiner and shall not include
evidence which was available or which could reasonably have been
available and was simply not presented at the hearing for
whatever reason.
C. The written appeal shall allege specific errors of
fact, specific procedural errors, omissions from the record,
errors in the interpretation of the comprehensive plan or new
evidence which was not available at the time of the hearing held
by the hearing examiner.
D. Upon such written appeal being filed within the time
period allotted and upon payment of fees as required, a hearing
shall be held by the city council. Such hearing shall be held in
accordance with appeal procedures adopted by city council by
resolution. if the hearing examiner has -retie e:_de appreva f
tie- 3repesal , sue r-ree mmendatlen sruii be—eens-idered by the ei t j.
e een eil at thesafae tifne—as the —eens i derat rem --e f the app= 1 . No
appeal may be made from a recommendation of the hearing examiner.
Sec. 2.32.160. City council action.
A. Any application requiring action by the city council
shall be taken by the adoption of a motion, resolution or
ordinance by the city council. When taking any such final action,
the city council shall make and enter findings of fact from the
record and conclusions therefrom which support its action. The
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city council may adopt all or portions of the hearing examiner's
findings and conclusions.
B. In the case of an ordinance for rezone of property,
the ordinance shall not be placed on the city council's agenda
until all conditions, restrictions or modifications which may
have been stipulated by the city council have been accomplished
or provisions for compliance made to the satisfaction of the
legal department.
C. The action of the city council approving, modifying,
or rejecting a recommendation or decision of the hearing
examiner, shall be final and conclusive, unless within twenty
(20) calendar days from the date of the city council action, an
aggrieved party or person applies for a writ of certiorari to the
superior court for the purpose of review of the action taken.
Sec. 2.32.170. City administrative staff to be considered a
person or party.
For the purpose of sections 2.32.140 and 2.32.150, the
city's administrative staff shall be considered a "person" and/or
"party" and shall have the same rights as any other person or
party to make requests for reconsideration by the hearing
examiner or to appeal decisions of the hearing examiner to the
city council.
Section 2. Kent City Code Section 12.04.250 is hereby
amended as follows:
Sec. 12.04.250. Appeal of short subdivision committee decision.
The decision of the short subdivision committee shall
be final, unless an appeal by any aggrieved party is made to the
elty e e l hearing examiner within fourteen (14) days after the
short subdivision committee's decision. The appeal shall be in
writing te- the —elty eeunezl and filed with the elty ea __'__ and
planning departfRent . The eity eeuRell shall aet en the appeal
within twenty erre --(2i) days--unless--an ext-ensien is agr-eed te, iR
wring, by the aii1___nt and shall be processed Pursuant to
Chapter 2.32 of the Kent City Code. The decision of the hearing
examiner shall represent final actj.pn of the City and is
appealable only to the Superior Court. Such appeal must be filed
with the Superior Court within thirtv (30) calendar days from the
date the decision was issued.
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Section 3. Repeal. Chapter 12.01 of the Kent City
Code entitled "Board of Adjustment" is hereby repealed in its
entirety effective ninety (90) days after the effective date of
this ordinance to allow for the processing of matters pending
before the Board of Adjustment, as set forth in Section 4 below.
Section 4. Matters Pending Before the Board of
Adjustment and the Filing of New Applications. All matters filed
and pending before the Board of Adjustment, prior to the
effective date of this ordinance, shall be heard by the Board of
Adjustment unless the applicant agrees to transfer the matter to
the hearing examiner. All applications filed beginning on the
effective date of this ordinance shall be heard by the hearing
examiner.
Section 5. References to Board of Adjustment.
Notwithstanding Kent City Code provision 2.32.090(A)(4), as set
forth in Section 1 above, all references in the city code and
elsewhere to the Board of Adjustment shall be construed as
referring to the hearing examiner except when applied to those
matters filed and pending before the Board of Adjustment prior to
the effective date of this ordinance and subsequently heard by
the Board of Adjustment.
Section 6. Severability. The provisions of this
ordinance are declared separate and severable. The invalidity of
any clause, sentence, paragraph, subdivision, section or portion
of this ordinance, or the invalidity of the application thereof
to any person or circumstance shall not affect the validity of
its application to other persons or circumstances.
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Section 7. Effective Date. This ordinance shall take
effect and be in force (30) days from the time of its final
passage as provided by law.
L -j
JW WHITE, MAYOR
ATTEST:
BRENDA JACOBE , C Y CLERK
APPROVED AS TO FORM:
PASSED the / *7 day of , 1994.
APPROVED the i day of , 1994.
PUBLISHED the owl/ day of 1994.
I hereby certify that this is a true copy of
Ordinance No. 3142 , passed by the City Council of the City
of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
hearexam.ord
SEAL)
BRENDA JACOBXk, OITY CLERK