HomeMy WebLinkAboutOrdinance 24-112-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE RELATING TO AN
AMENDMENT TO THE UNIFIED
DEVELOPMENT CODE CHAPTER 25.32 ORDINANCE No. 24- -CC
WHEREAS, Adequate accommodations have been made for agencies, individuals and interest
groups to be heard and the Planning Commission has thoroughly considered the testimony in the record,
and;
WHEREAS, the proposed amendments are consistent with adopted Comprehensive Plan goals,
obj ectives and policies, and do not create adverse impacts to offsite properties, and promote flexibility of
property use, and;
WHEREAS, the Board of County Commissioners have found that the proposal is consistent with
the general purpose and intent of the Grant County Comprehensive Plan; and,
WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will serve
the public use and interest, and;
WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce
Growth Management Services in accordance with RCW 36.70A.106, and;
WHEREAS, the proposed amendments are consistent with the applicable portions of RCW
36.70B, and;
WHEREAS, Grant County Development Services Staff shall have the ability to modify the
approved development code text to ensure proper formatting, spelling, etc. as well as correct any errors that
may be discovered, and;
WHEREAS, the Planning Commission conducted a public hearing on October 2, 2024 and
recommended to the Board of County Commissioners approval of the proposed code amendments, and;
WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing
to consider the recommendation of the Planning Commission on November 12, 2024.
WHEREAS, the Board of County Commissioners during an open record public hearing voted
unanimously to uphold the recommendation of the Planning Commission.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board
of Commissioners, APPROVE the attached amendment to GCC § 25.32; and
BE IT ALSO FURTHER ORDAINED that the effective time and date for these
amendments shall be 5:00 p.m. on the date of BOCC signature.
P24-0085 — Hearing Examiner Amendment Ordinance
DATED this lq( dl day of , 2024.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Abstain T COUNT 7, W INGTON
El El
Cindy" Carter, hair
ATTEST: � � � �' X-C- S � IJ
Danny E. Stone, Vice -Chair
/)v-4/Barbara .Vasquez / ❑ ❑ G
Clerk of the Board Q Rob Jo ember
P24-0085 — Hearing Examiner Amendment Ordinance
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Chapter 25.32
HEARING EXAMINER ORDINANCE
Sections:
25.32.010
Purpose........................................................................................................................
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25.32.020
Hearing Examiner - Office Established......................................................................
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25.32.030
Definitions...................................................................................................................
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25.32.040
Appointment of Hearing Examiner.............................................................................
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25.32.050
Hearing Examiner - Qualifications.............................................................................
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25.32.060
Hearing Examiner Pro Tem - Qualifications and Duties ............................................
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25.32.070
Hearing Examiner - Authority and Duties..................................................................
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25.32.080
Rules............................................................................................................................
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25.32.090
Hearing Examiner - Conflict of Interest and Freedom from improper influence........
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25.32.095
Ex Parte Communications...........................................................................................
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25.32.100
Fees.............................................................................................................................
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25.32.110
Applications................................................................................................................
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25.32.120
Report by the Department...........................................................................................
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25.32.130
Public Hearing.............................................................................................................
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25.32.140
Hearing Examiner's Decision - Findings Required ....................................................
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25.32.150
Reconsideration...........................................................................................................
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25.32.160
Appeal of Hearing Examiner's Final Decision...........................................................
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25.32.170
Hearing Examiner's Report to Planning Commission ................................................
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25.32.180
Multiple Applications..................................................................................................
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25.32.190
Annual Report.............................................................................................................
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25.32.200
Severability..................................................................................0....4.........................
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25.32.210
Replacement and substitution of the Jurisdiction of Other Commissions
tothe Hearing Examiner.............................................................................................
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25.32.220
Effective Date.............................................................................................................
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Chapter 25.32
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25.32.010 PURPOSE.
The purpose of this chapter is to: streamline the process for the public; provide an administrative land use
regulatory system which will separate Grant County's land use regulatory function from its land use
planning function; ensure and expand the principles of fairness and due process in public hearings; and to
provide an efficient and effective land use regulatory system which integrates the public hearing' and
decision -making processes for land use matters.
25.32.020 HEARING EXAMINER OFFICE ESTABLISHED.
The Office of the Grant County Hearing Examiner, herein referred to as "Hearing Examiner," is hereby
created by the BOCC. The role of the Hearing Examiner shall be to interpret, review and implement
regulations as provided in this ordinance and Chapter 14 of the Grant County Code (GCC). Unless the
context requires otherwise, the term Hearing Examiner used in this ordinance shall also include Hearing
Examiner(s) pro tem.
25.32.030 DEFINITIONS.
For purposes of this chapter the following words and phrases used herein shall have the designated
meaning unless a different meaning is expressly provided.
1. Applicant: any person, entity, or agency that applies for a development proposal, permit or
approval [subject to review under this Uniform Development Code (the "UDC")] and who is
either the owner, beneficial owner, contract purchaser, or authorized agent of such owner of the
land on which the proposed activity would be located.
2. BOCC: the Board of County Commissioners of Grant County; the legislative authority of Grant
County.
3. County: Grant County, Washington, its Board, commissioners, and departments.
4. Department: the Grant County Planning Department.
5. Hearing Examiner: the Grant County Hearing Examiner, an appointed officer of the County
who shall interpret, review and implement the county's land use regulations as provided in this
UDC.
6. Ex parte communication: means written or oral communications not included in the public
record and made outside of a public hearing.
7. Party of Record: any person who has testified at an open -record public hearing, or has
submitted a written statement related to a development action, or has notified the Grant County
Administrative Official of their desire to receive a copy of a final decision related to a
development action, and who provides the County with a complete address.
8. Record: means official documents that record all public hearing proceedings with regard to a
specified land use application. Such record will normally be by means of magnetic recording tape
equipment and minutes.
9. Staff: means departments of Grant County, Washington.
10. Other technical and procedural terms and rules for construction of language shall be as defined in
Grant County Unified Development Code Chapter 25.02.
11. All other words and phrases used herein will have their commonly accepted meanings.
25.32.040 APPOINTMENT OF HEARING EXAMINER.
The Hearing Examiner shall be selected by the BOCC and shall serve at the pleasure of the BOCC. This
position will be a contracted position for a term and on conditions deemed appropriate by the BOCC. Said
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contract may also provide for Hearing Examiner(s) pro tem to serve in the absence of the Hearing
Examiner on such terms and conditions deemed appropriate by the BOCC. The Hearing Examiner(s) pro
tem shall be selected by the BOCC.
25.32.050 HEARING EXAMINER — QUALIFICATIONS.
The Hearing Examiner shall be appointed solely with regard to qualifications for the duties of such office
and shall have such training or experience as will qualify the Hearing Examiner to conduct administrative
or quasi-judicial hearings utilizing land use regulatory codes and must have expertise and experience in
planning, and should have knowledge or experience in at least one (1) of the following areas:
"environmental sciences, law, architecture, economics or engineering." Persons appointed to this position
should have experience in drafting records of decisions which incorporate findings of fact and
conclusions of law. Hearing Examiners shall hold no other elective or appointive office or position with
the County. The Hearing Examiner may be removed from office by the BOCC at will.
25.32.060 HEARING EXAMINER PRO TEM — QUALIFICATIONS AND DUTIES.
The Hearing Examiner(s) pro tem shall serve in the event of the absence or the inability of the Hearing
Examiner to act and shall have all the duties and powers of the Hearing Examiner. The Hearing
Examiner(s) pro tem shall have such training or experience as to satisfy Section 2532.050, above.
25.32.070 HEARING EXAMINER — AUTHORITY AND DUTIES.
The Hearing Examiner shall review all applications for conformance with the UDC and consistency with
the Grant County Comprehensive Plan, and/or all relevant community development plans, and the
provisions of all other applicable land use regulations. The Hearing Examiner is designated as the Grant
County Building and Fire Board of Appeals per GCC Section 14.04.050 (11) and the enforcement
procedures per GCC Section 14.04.070. The Hearing Examiner shall receive and examine all available
information, including environmental documents, conduct public hearings, cause preparation of a record
thereof, prepare and enter findings of fact and conclusions of law based upon those facts in a record of
decision to be rendered within ten (10) working days of the conclusion of the hearing. The conclusions of
the Hearing Examiner shall represent final decisions as provided hereinafter:
1. Final Decisions: The decisions of the Hearing Examiner shall be final and conclusive on the
following matters, unless such determination is appealed to BOCC as provided herein:
a. Applications for land use conditional use permits under Title 23 Zoning;
b. Appeals of decisions or determination of the Administrative Official regarding any
requirements, decision or determination regarding flood hazard permits pursuant to GCC
§ 24.16;
C. Any other matters specifically assigned to the Hearing Examiner by the BOCC.
d. Appeals of decisions or determination of the Administrative Official pursuant to GCC J
14.04, unless such determination is appealed to superior court.
2. Jurisdictional Limits: The Hearing Examiner shall not review matters related to legislative
decisions pursuant to GCC § 25.12.010 or for matters related to enforcement or penalties for
violations of the GCC.
a. The Hearing Examiner's decision on all matters is final and conclusive, provided that
appeals from such decisions for permit applications subject to Type I or II procedures
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may be taken to the BOCC as provided herein. Judicial appeals pursuant to GCC §
25.04.430 shall be the exclusive means;
b. The Hearing Examiner's decision shall be based upon the policies of the applicable
Comprehensive Plan, Shoreline Master Program, the standards set forth in the various
land use regulatory codes of the County or any other applicable program adopted by the
BOCC. When acting upon any of the above specific applications or appeals, the Hearing
Examiner and/or the BOCC may attach any reasonable conditions found necessary to
make the project compatible with its environment and to carry out the goals and policies
of the applicable Comprehensive Plan, Shoreline Master Program, or other applicable
plans or programs adopted by the BOCC.
25.32.080 RULES.
The Hearing Examiner may prescribe rules or adopt rules by reference for the scheduling and conduct of
hearings and other rules of procedure. Said rules shall provide, without limitation, that all testimony be
audio taped, under oath, and subject to penalties for perjury. Applications for the consideration of cases to
be heard by the Hearing Examiner shall be made to the Department.
25.32.090 HEARING EXAMINER — CONFLICT OF INTEREST AND FREEDOM FROM
IMPROPER INFLUENCE.
1. The Hearing Examiner shall not conduct or participate in any hearing or decision in which the
Hearing Examiner or any of the following persons has a direct or indirect or substantial financial
or personal interest or in which such conduct or participation would violate any rule of law
applicable thereto:
a. The Hearing Examiner's spouse, brother, sister, child, parent, in-laws, partner; any
business in which the Hearing Examiner is then serving or has served within the previous
two (2) years; or
b. Any business with which such Hearing Examiner is negotiating for or has an arrangement
or understanding concerning possible partnership or employment. Any actual or potential
interest shall be disclosed prior to such hearing.
2. Participants in the land use regulatory process have the right, insofar as possible, to have the
Hearing Examiner free from personal interest or pre -hearing contacts on land use regulatory
matters considered by them. It is recognized that there is a countervailing public right to free
access to public officials on any matter. Therefore, the Hearing Examiner shall reveal any
substantial interest or pre -hearing contact made with them concerning the proceedings, at the
commencement of such proceeding. If such interest or 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 and has the appearance of fairness.
Immediately after the announcement of any interest or pre -hearing contact, any person who
objects to said interest or pre -hearing contact shall state the objection and any reasons supporting
the objection. The failure to state such an objection at the time of announcement is deemed to be
a waiver of said objection, therefore, this objection cannot be raised (for the first time) at any
subsequent time.
The Hearing Examiner, upon hearing an objection, shall personally decide whether the interest or
contact will impair their ability to be fair and impartial, and shall hear the case or abstain
accordingly.
Chapter 25.32
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No BOCC member, County official, or any other person shall interfere with or attempt to
interfere with or attempt to influence the Hearing Examiner in the performance of their
designated duties; provided that a County official or employee may, in the performance of their
own official duties, provide information for the Hearing Examiner or process a County case
before the Hearing Examiner, when such actions take place or are disclosed in the Hearing
Examiner's hearing or meeting.
25.32.095 EX PARTE COMMUNICATIONS
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4.
Hearing Examiner may not communicate, directly or indirectly, regarding any issue in a
proceeding before it, other than to participate in communications necessary to procedural aspects
of maintaining an orderly process, unless Hearing Examiner provides notice and opportunity for
all parties to participate; except as provided in this section;
a. Hearing Examiner may receive advise from legal counsel;
b. Hearing Examiner may communicate with Department and other staff members (except
where the proceeding relates to a code enforcement investigation or prosecution).
If, before serving in a quasi-judicial proceeding, Hearing Examiner receives an ex parte
communication of a type that could not properly be received while serving, Hearing Examiner
promptly after starting to serve, shall disclose the communication as described in Section 3.
below.
If Hearing Examiner receives an ex parte communication in violation of this section, Hearing
Examiner shall place on the record:
a. All written communication received;
b. All written responses to the communication;
C. State the substance of all oral communication received, and all responses made;
d. The identity of each person from whom Hearing Examiner received any ex parte
communication.
Hearing Examiner shall advise all parties that these matters have been placed on the record.
Upon Request made within ten (10) days after notice of the ex parte communication, any party
desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.
25.32.100 FEES.
All applications for Hearing Examiner review submitted to the Department shall be accompanied by the
applicable fees as set forth in GCC § 25.01.110.
25.32.110 APPLICATIONS.
Project permit applications shall be classified, submitted and processed in accordance with the
requirements of GCC § 25.04. After the Administrative Official determines that an application is
technically complete and within the jurisdictional scope of the Hearing Examiner the Administrative
Official shall schedule a Type III application for a public hearing, and provide public notice in accordance
with GCC § 25.04.240. Applications for appeal of flood hazard permits shall be in accordance with GCC
§25.04.410.
25.32.120 REPORT BY THE DEPARTMENT.
such application has been set for public hearing, the Department shall coordinate and assemble the
comments and recommendations of other County departments and governmental agencies having an
Chapter 25.32
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interest in the subject application and shall prepare a report on the application and present this staff report
at the public hearing. This staff report will incorporate on the project permit application, any mitigation
measures recommended under the County's development regulations or under the authority of SEPA, and
the County's final SEPA determination on the project permit action.
25.32.130 PUBLIC HEARING.
1. Before rendering a decision on any Type III application, the Hearing Examiner shall hold a public
hearing thereon in accordance with GCC § 25.04 Article VIII. In the case of any Type I flood
hazard permit appeal, the Hearing Examiner shall hold a closed -record appeal hearing thereon in
accordance with GCC §25.04.420(b).
2. The order of proceedings shall be in accordance with GCC § 25.04.310. Hearing Examiner may
adopt other rules of procedure not inconsistent with GCC § 25.04.310, subject to confirmation by
the BOCC. Further, if deemed appropriate, to facilitate review of a particular application, the
Hearing Examiner may adopt specific procedures for an individual matter.
3. Before rendering a decision on any enforcement action pursuant to GCC § 14.04.070, the Hearing
Examiner shall hold a public hearing thereon in accordance with GCC § 25.04 Article VIII,
which include enforcement actions pursuant to GCC § 14.04.070.
25.32.140 HEARING EXAMINER'S DECISION — FINDINGS REQUIRED.
1. When the Hearing Examiner renders a decision, the Hearing Examiner shall make and enter
findings from the record and conclusions thereof, which support such decision, and the findings
and conclusions shall set forth and demonstrate the manner in which the decision carries out and
helps to implement the goals and policies of the Comprehensive Plan and the standards set forth
in the Unified Development Code and the GCC. Decision content shall further be a specified in
GCC § 25.04.375.
2. All decisions of the Hearing Examiner shall be rendered within ten (10) working days following
the conclusion of all testimony and hearings. The timeline for issuance of a notice of decision
shall be as specified in the GCC § 25.04.380.
3. Upon issuance of the Hearing Examiner's decision, the Department shall distribute the notice of
decision as specified in GCC § 25.04.375.
25.32.150 RECONSIDERATION.
Any aggrieved party or agency (including the Planning Commission) that believes the final decision of
the Hearing Examiner is unsound based upon errors in procedure, law interpretation of adopted policy,
fact, judgment, or the discovery of new factual evidence which, by due diligence, could not have been
found prior to the Hearing Examiner hearing may make a written request for reconsideration by the
Hearing Examiner within fourteen (14) days of the filing of the written record of decision. The request for
reconsideration shall be submitted to the Department on forms provided by the Department.
Reconsideration of the decision is wholly within the discretion of the Hearing Examiner; if the Hearing
Examiner chooses to reconsider, he/she may revise the decision, as they deem appropriate, and may issue
a revised record of decision within ten (10) days of the reconsideration heard by the Hearing Examiner. A
request for reconsideration is not a prerequisite to an appeal.
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25.32.160 APPEAL OF HEARING EXAMINER'S FINAL DECISION.
A final decision by the Hearing Examiner on any land use matter within their jurisdiction, may be
appealed by a person with standing to appeal pursuant to GCC § 25.04.400. Appeal procedures shall be
as specified in GCC § 25.04 Article X, and as follows:
1. An appeal shall stay the effective date of the Hearing Examiner's decision until final resolution
has been made by the appeal hearing body.
2. Judicial appeals of Hearing Examiner decisions shall be pursuant to RCW 36.70C, and such
process shall be the exclusive means of appeal review for such decisions, except for:
a. Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial
body created by state law, such as the Shoreline Hearings Board or Growth Management
Hearings Board; or
b. Judicial review of application for a Writ of Mandamus or prohibition; or
C. Claims provided by any law for monetary damages or compensation.
25.32.170 HEARING EXAMINER'S REPORT TO PLANNING COMMISSION.
1. The Hearing Examiner shall meet at least once per Calendar year with the Planning Commission
for the purpose of reviewing the policies contained in the comprehensive plans and the
administration of these policies.
2. The Hearing Examiner shall submit a written report to the Planning Commission briefly
summarizing the Hearing Examiner's decisions and recommendations for the one (1) year period
preceding the meeting.
25.32.180 MULTIPLE APPLICATIONS.
The Hearing Examiner may consider two (2) or more applications relating to a single project
concurrently, and the findings of fact, conclusions and decision on each application may be covered in
one (1) written decision.
25.32.190 ANNUAL REPORT.
The Hearing Examiner shall report in writing to and meet with the BOCC at least annually for the purpose
of reviewing the administration of the County's land use policies and regulating ordinances. The report
shall include a summary of the Hearing Examiner's decisions since the prior report.
25.32.200 SEVERABILITY.
If any section, subsection, or other portion of this ordinance is, for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such section, subsection, or portion shall be
deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining
portions of this ordinance.
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25.32.210 REPLACEMENT AND SUBSTITUTION OF THE JURISDICTION OF OTHER
COMMISSIONS TO THE HEARING EXAMINER.
With the adoption of this ordinance and its inclusion into Title 25 of the Grant County Code, the
jurisdiction of the Board of Adjustment shall be replaced and substituted by those powers and duties, as
stated herein. The Hearing Examiner shall hear and decide those land -use matters and appeals as stated in
Section 25.32.070 herein, irrespective of the procedures mentioned in other ordinances and policies of the
County.
25.32.220 EFFECTIVE DATE.
This ordinance shall take effect February 1, 2002.
Chapter 25.32
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