754 Amend to Establish a Hearing Examiner SystemORDINANCE 754
CITY OF YELM
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, AMENDING the Yelm Municipal
Code to establish a hearing examiner system. These amendments include a new chapter to
Title 2, Chapter 2.26 Hearing Examiner and amendments to Titles 14, 15, 16, and 17 delegating
the powers and duties of the hearing examiner as authorized in Chapter 2.26.
WHEREAS, on February 19, 2002, pursuant to notice duly given, a public hearing was held and
findings were duly made pursuant to RCW 35A.63; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DO ORDAIN AS
FOLLOWS:
Section 1. Adoption. In accordance with the requirements of RCW 35.63A.170 and
RCW 58.17.330, the Yelm City Council does hereby adopt a Hearing Examiner System.
Section 2. Title 2, Administration and Personnel shall be amended to include Chapter 2.26,
Hearing Examiner as follows:
CHAPTER 2.26
HEARING EXAMINER
Sections:
2.26.010 Intent
2.26.020 Creation of Hearing Examiner
2.26.030 Appointment and Term
2.26.040 Qualifications
2.26.050 Examiner Pro Tempore; Qualifications and Duties
2.26.060 Conflict of Interest and Freedom From Improper Influence
2.26.070 Computation of Time
2.26.080 Rules
2.26.090 Powers and Duties
2.26.100 Applications
2.26.110 Report by Community Development Department
2.26.120 Public Hearing
2.26.130 Hearing Examiner's Decision and Recommendation -Findings Required
2.26.140 Reconsideration
2.26.150 Appeal of Hearing Examiner's Decision
2.26.160 City Council Action on Appeals
2.26.170 City Council Decisions.
2.26.180 Annual Report
2.26.010 Intent. It is the intent of the chapter to:
A. Provide a single, efficient, integrated land use regulatory system which integrates the
public hearing and decision-making process for land use matters;
B. Provide a greater degree of due process in land use regulatory hearings and expand the
principles of appearance of fairness; and
C. Separate the land use policy formulation and the land use policy administration process.
2.26.020 Creation of Hearing Examiner.
The office of the hearing examiner is created. The hearing examiner shall interpret, review and
implement land use regulations as provided in this code and other ordinances. The term
hearing examiner shall likewise include the hearing examiner pro-tem.
2.26.030 Appointment and Term.
The hearing examiner and examiner pro-tem shall be appointed by the mayor and confirmed by
the city council.
2.26.040 Qualifications.
The hearing examiner shall be appointed solely with regard to qualifications for the duties of
such 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. The hearing examiner shall hold no other elective or
appointive office or position in the City of Yelm.
2.26.050 Examiner Pro Tempore; Qualifications and Duties.
The hearing examiner pro tem shall, in the event of the absence or the inability of the hearing
examiner to act have all the qualifications, duties and powers of the hearing examiner.
2.26.060 Conflict of Interest and Freedom From Improper Influence.
The hearing examiner shall not conduct or participate in any hearing or decision in which the
hearing examiner has a direct or indirect personal or financial interest which might exert such
influence upon the hearing examiner as to 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 the
hearing examiner free from personal interest or pre-hearing contacts on land use regulatory
matters considered by him or her. It is recognized that there is a countervailing public right to
free access to public officials on any matter. If such personal or pre-hearing 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 so that the proceeding is fair and has the appearance of fairness,
unless all parties agree in writing to have the matter heard by said hearing examiner.
No 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. This section shall
not prohibit the city attorney from rendering legal services to the hearing examiner upon
request.
2.26.070 Computation of Time
In computing any period of time prescribed by this chapter, the day of the act from which the
designated period of time begins to run shall not be included. The last day of the period so
computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which
event the period runs until the end of the next day which is neither a Saturday, Sunday or city
legal holiday.
City of Yelm
Ordinance No. 754 ~
2.26.080 Rules
The hearing examiner shall have the power to prescribe rules for the scheduling and conduct of
hearings, to administer oaths, and other rules of procedure as related to the duties of his or her
office.
2.26.090 Powers and Duties.
The hearing examiner shall have the following powers and duties with respect to applications of
matters submitted before him or her.
A. Decisions of the hearing examiner. The hearing examiner shall conduct public hearings
for the purpose of receiving and examining available information, prepare a record
thereof, and enter findings of fact and conclusions based upon these facts and a
decision which shall represent the final action on the application, unless appealed, as
herein specified, for the following types of applications.
1. Appeals from orders, recommendations, permits, decisions or
determinations made by a city official in the administration or enforcement
of the provision of the zoning code or any ordinance adopted pursuant to
it.
2. Variances
3. Conditional/Special Use Permits
4. Shoreline Permits
5. Preliminary Plats
6. Binding Site Plans
7. Plat or Binding Site Plan Amendments
8. Wireless Communication Facilities that require a special use permit
9. Adult Entertainment Facilities that require a special use permit
B. 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 on those facts, together with a
recommendation to the city council for the following types of applications.
1. Master Planned Communities
2. Planned Residential Development
3. Mixed Use Planned Development
4. Local Improvement Districts
5. Vacation of Plat, Right-of-way or Easement
C. The hearing examiner shall make recommendations for revision to relevant codes and
ordinances which will clarify or otherwise improve the development review process.
2.26.100 Applications.
Applications for permits or approvals within the jurisdiction of the hearing examiner shall be filed
with the community development department as required by adopted ordinances and
resolutions. When it is found that an application meets the filing requirements of the city, it shall
be accepted. The community development department shall be responsible for processing
each application and to assign a date for the public hearing.
2.26.110 Report by Community Development Department.
City of Yelm
Ordinance No. 754
The Community Development Department shall coordinate and assemble the comments and
recommendations of other city departments, governmental agencies and other interested
parties and shall prepare a report summarizing the factors involved and the department's
findings and recommendations. At least seven calendar days prior to the scheduled hearing the
report shall be filed with the hearing examiner and copies thereof shall be mailed to the
applicant; copies shall be provided to interested parties for the cost of reproduction.
2.26.120 Public Hearing.
A Before rendering a decision or recommendation on any application for which a public
hearing is required, the hearing examiner shall hold at least one public hearing thereon.
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.
B. On applications requiring approval by the city council, the public hearing before the
hearing examiner, if required, shall constitute the hearing by the city council.
C. At the close of the testimony, the hearing examiner may close the public hearing,
continue the hearing to a specified time and date, or close the public hearing pending
the submission of additional information on or before a specified date.
2.26.130 Hearing Examiner's Decision and Recommendation -Findings Required.
Within ten (10) working days after the conclusion of a hearing, unless a longer period is agreed
to in writing by the applicant, the hearing examiner shall render a written decision which shall
include at least the following.
A. Findings based upon the record and conclusions therefrom which support the
decision. Such findings and conclusions shall also set forth the manner by which
the decision would carry out and conform to the City's comprehensive plan, other
official policies and objectives and all applicable provisions of the Yelm Municipal
Code and/or state law.
B. A decision or recommendation on the application which may be to approve,
deny, or grant with such conditions, modifications and restrictions as the hearing
examiner finds necessary to make the application compatible with surrounding
land uses, comprehensive plan, other official policies and objectives, and all
applicable provisions of the Yelm Municipal Code and/or state law.
C. The decision or recommendation shall be rendered within ten (10) working days
following conclusion of all testimony and hearings. 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 notice of the
decision. The person mailing the decision, together with the supporting
documents, shall prepare an affidavit of mailing, in standard form, and the
affidavit shall become a part of the record of the proceedings.
2.26.140 Reconsideration.
Any interested person or agency of record, oral or written, that disagrees with the decision of the
hearing examiner may make a written request for reconsideration by the hearing examiner
within ten working days after the written decision of the hearing examiner has been rendered.
This request shall set forth specific errors relating to:
City of Yelm
Ordinance No. 754
A. Erroneous procedure;
B. Errors of law objected to at the public hearing by the person requesting
reconsideration;
C. Incomplete record;
D. An error in interpreting the comprehensive plan or other relevant material; or
E. Newly discovered material evidence which was not available at the time of the
hearing. 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 reasonable have been available and simply not
presented at the hearing for whatever reason.
The hearing examiner may, after review of the record, take further action as the hearing
examiner deems proper. The hearing examiner may request further information which shall be
provided within ten (10) days of the request. The hearing examiner's written decision on the
request for reconsideration shall be transmitted to all parties of record within ten (10) days of
receipt of the application for reconsideration or receipt of the additional information requested,
whichever is later.
2.26.150 Appeal of Hearing Examiner's Decision.
The final decision by the hearing examiner may be appealed to the city council, by any
aggrieved person or agency of record, oral or written that disagrees with the decision of the
hearing examiner, except threshold determinations (Section 15.49.160), in the following
manner:
A. The appellant must file a complete written notice of appeal with the Community
Development Department upon forms prescribed by the department, and pay the appeal
fee within fourteen (14) days of the date of the hearing examiner's final decision;
provided, that if the hearing examiner was requested to reconsider the decision, then the
appeal must be filed within ten (10) days of the date of the hearing examiner's decision
on the reconsideration request.
B. The notice of appeal shall concisely specify the alleged specific error(s) of fact, specific
procedural errors, omissions from the record, errors of interpretation of the
comprehensive plan or issue which the city council is asked to consider on appeal, and
shall cite in the notice of appeal or accompanying memorandum, by reference to section,
paragraph and page, the provisions of law which are alleged to have been violated.
Issues which are not so identified need not be considered by the city council.
Memoranda shall not include the presentation of new evidence and shall be based only
upon facts presented to the hearing examiner.
C. The City shall notify parties of record that an appeal has been filed and that copies of the
notice of appeal and appellant's memorandum may be obtained from the Community
Development Department. The notice to parties shall also state that parties of record
wishing to respond to the appeal may submit written memoranda to the city council
within fourteen (14) days from the date that the notice to parties is mailed by the City.
D. The appellant may submit a responsive memoranda within seven (7) days from the date
that memoranda from parties of record is due.
City of Yelm
Ordinance No. 754
E. The timely filing of a notice of appeal shall stay the effective date of the hearing
examiner's decision until the appeal is adjudicated by the city council or until the appeal
is withdrawn.
F. All appeals of hearing examiner decisions are considered to be closed record appeals,
following an open record hearing on a project permit application or administrative
appeal, when the appeal is on the record with no new evidence or information allowed to
be submitted and only appeal argument allowed.
2.26.160 City Council Action on Appeals.
A. General. When an appeal has been timely filed and the deadline for receipt of
memoranda has expired, the Community Development Department shall deliver to the
city council a copy of the hearing examiner's decision, including the findings and
conclusions, the notice of appeal, and the evidence presented to the hearing examiner.
The city council may view the site either individually or together, only to gain background
information on the general appearance of the property; no one other than City staff can
accompany the Council members during the view. When the Council members have
read the decision, memoranda and evidence, the clerk-treasurer shall schedule a date
for a closed record appeal meeting by the city council at which time the city council shall
render a decision. The date of the closed record appeal meeting should not be later
than 60 days following the date the appeal was filed.
B. Public Notice of Closed Record Appeals. The clerk-treasurer shall mail written notice to
all parties of record to apprise them of the meeting date before the city council. "Parties
of record" are persons who have:
1. Given oral or written comments to the hearing examiner; or
2. Listed their names, as persons wishing a copy of the decision, on a sign-
up sheet which is available during the hearing examiner's hearings.
C. Scope of Review.
The city council review shall be based solely upon the evidence presented to the hearing
examiner, the hearing examiner's report, the notice of appeal and submissions by
parties pursuant to Section 2.26.130.
D. City Council Decision on Appeal.
At the closed record appeal meeting the city council may adopt, amend and adopt,
reject, reverse, and amend conclusions of law and the decision of the hearing examiner,
or remand the matter for further consideration. If the city council renders a decision
different from the decision of the hearing examiner, the city council shall adopt amended
conculsions accordingly. The City Council's decision on the appeal shall be issued not
later than sixty days following the date the appeal was filed, unless the parties to an
appeal agree to extend the time period.
2.26.170 City Council Decisions.
Any application requiring action by the city council shall be evidenced by minute entry unless
otherwise required by law. The city council may accept, modify or reject the hearing examiners
decision, or any finding of conclusion herein, or may remand the decision to the hearing
examiner for further hearing. If the city council renders a decision different from the decision of
the hearing examiner, the city council shall adopt amended findings and conclusions
accordingly. Unless otherwise specified, the city council shall be presumed to have adopted the
hearing examiner's findings and conclusions.
City of Yelm
Ordinance No. 754
2.26.180 Annual Report.
The hearing examiner shall report in writing to and meet with the planning commission and city
council at least annually for the purpose of reviewing the administration of the land use policies
and regulatory ordinances and make recommendations for revision to relevant codes and
ordinances which will clarify or otherwise improve the development review process. Such report
shall include a summary of the hearing examiner's decisions since the last report.
Section 3 The following sections and/or subsections of Title 17 shall be amended to read
as follows:
17.06.688 Special uses. "Special uses" means certain uses which, because of special
requirements, unusual character, size or shape, infrequent occurrence or possible detrimental
effects on surrounding property and for other similar reasons, may be allowed in certain use
districts only by the granting of a special use permit by the si#~set~sil hearing examiner.
17.62.050 Conceptual Review and Approval.
Subsection B. Review. Review of a conceptual master plan shall be performed initially by
the hearing examiner. The hearing examiner shall
review the application for completeness and, if it determines that the proposed master plan is
consistent with the comprehensive plan and the city's other plans and policies, recommend
approval by the hearing examiner. If the hearing
examiner determines that the proposed master plan is not so consistent, it may either remand
for modifications specifically identified or recommend denial by the city council. Conceptual
approval by the city council, upon a recommendation by the hearing
examiner, shall consist of an amendment to the comprehensive plan and an amendment to the
official zoning map. Notice of hearings on conceptual approval will be provided to all property
owners within one thousand feet of the subject site and other affected governmental agencies
with jurisdiction in the site area at least ten (10) days prior to the hearing. The official zoning
map amendment shall be in conformance with the comprehensive plan, and shall be limited by
the conditions in subsections D and E of this section.
17.62.060 Master plan approval.
Subsection B. Review. A complete master plan for the entire master plan area shall be
submitted within three years of conceptual approval unless an extension has been granted
pursuant to Section 17.62.070. The master plan shall be reviewed by
hearing examiner and a recommendation submitted to the city council for final action. The
hearing examiner shall not recommend approval of a master plan unless
the se+iss+er~ hearing examiner has conducted a public hearing pursuant to RCW 35A.63.073
and it is determined that said plan is consistent with the conceptual approval and complies with
the policies of the comprehensive plan, the purposes of Section 17.62.020, and the provisions
of this chapter. The hearing examiner may recommend terms and
conditions of approval, and require the provision, and further public review, of additional
information and analyses in order to insure such compliance. In addition, the g
se+e~ hearing examiner may propose changes in the proposed master plan or the
proposed zoning on the basis of information presented in the course of master plan review, as
long as the changes are consistent with applicable city plans and policies. Changes not
consistent with city plans and policies may be made only if conceptual approval or other plans
or policies are first amended accordingly.
City of Yelm
Ordinance No. 754
Subsection C. City Council Consideration. The hearing examiner
recommendation shall come to the city council for consideration in an open public meeting no
sooner than ten nor longer than twenty working days from the date a decision constituting a
recommendation was rendered. The city council shall consider the matter based upon the
written record before the hearing examiner, the hearing
examiner's decision, and any written comments received by the city before closure of city offices
on a date three days prior to the date set for consideration by the city council; provided, that the
city council may publicly request additional specific information from the applicant, the ff
sea~issieF- hearing examiner or city or county departments; and, provided further, if the city
council determines that further testimony or argument other than such specific information
requested is necessary prior to action by such body, the matter shall either be returned to the
hearing examiner or a public hearing shall be scheduled before the city
council for the receipt of such testimony or argument.
Subsection D. City Council Action. The city council may accept, modify or reject the
' hearing examiner's decision, or any findings or conclusions therein, or
may remand the decision to the hearing examiner for further hearing. A
decision by the city council to modify, reject or remand shall be supported by findings and
conclusions. A decision by the city council approving a master plan shall be accompanied by a
schedule for periodic review of the master plan by the hearing examiner
not less than once every five years following approval until development of the master plan is
substantially complete. The action of the city council in approving or rejecting a decision of the
ssriss+er~ hearing examiner shall be final and conclusive unless within thirty days from the
date of such action an aggrieved party files an application for a writ of certiorari from the
Thurston County Superior Court for the purpose of review of the action taken.
17.62.070 Timing of master plan submittal.
Subsection B. Knowledge of expiration date and initiation of a request for extension of
approval time is the responsibility of the applicant. The city will not provide notification of
expirations. All requests for an extension of time must be submitted to the community
development department at least thirty days prior to expiration of conceptual approval. The
community development department shall schedule the request for extension for public hearing
before the hearing examiner upon such notice and in accordance with the
conceptual approval procedures of this chapter. An extension may be granted for up to three
years at a time, if the ser~++ssiet3 hearing examiner finds that an extension would be in the
public interest and that delay in submitting the master plan was for good cause. If an extension
of time is approved, the master plan shall be subject to all new and amended regulations,
requirements, policies or standards which are adopted after the date of conceptual approval.
17.62.090 Implementation of master plan--Periodic review.
Subsection A. Review Schedule. The hearing examiner shall review
the status of development pursuant to the master plan in accordance with a review schedule
adopted as a condition of the master plan. Review shall occur not less than once every five
years until development of the master plan is substantially complete.
Subsection B. Result of Review If the hearing examiner finds that
substantial completion of development projected for a given review phase has been
accomplished, and that development has met and is projected to meet the terms and intent of
the master plan and other applicable plans and policies, the hearing
examiner may authorize the subsequent phase. If the hearing examiner
City of Yelm
Ordinance No. 754
finds that these criteria have not been met, the hearing examiner may
extend the period for completion of that phase or terminate master plan approval for subsequent
phases. In determining whether to extend or terminate, the hearing
examiner shall consider the reasons completion has not occurred and whether the public
interest would be best served by extension or termination.
17.62.100 Administration and enforcement.
Subsection E. Amendments to Master Plan. The hearing examiner
may make amendments to the master plan or the zoning as long as the changes are consistent
with other applicable city plans and policies. Such changes shall be considered pursuant to the
procedures for master plan approval as contained in this ordinance, except that the g
' hearing examiner's decision shall be final unless appealed to the city council.
Section 17.64.010.G
Subsection G.1. Distance waiver required. Any party proposing to locate an adult facility within
less than the required distances from uses or zones as specified in this ordinance may do so
only after obtaining a waiver therefore from the ~sii hearing examiner through a special
use permit process.
Subsection G.3. Criteria for decision. The final decision on the request for waiver of distance
shall be made by the s~-se~si~hearing examiner based on consideration of the following:
Sections:
17.66.100 Action by ~seu~s+l• hearing examiner
si~seuns+l --A{~peal
17.66.060 When granted. A special use permit may be granted by the ~sii hearing
examiner, after public hearing and review by the hearing examiner, for
those uses requiring such permits as provided for in this title.
17.66.080 Public hearing. At least one public hearing on any proposed special use permit shall
be held by the hearing examiner.
17.66.100 Action by si#~-sea~i~4 hearing examiner. In reviewing a special use permit, the sify
se~sit hearing examiner, ,shall impose
all requirements for such use, as prescribed in this title and other conditions and safeguards as
are necessary to secure adequate protection for the locality in which the use is to be permitted.
The s~+l hearing examiner shall establish a time limit within which action for which the
special use is required shall be begun or completed, or both.
. ,
City of Yelm
Ordinance No. 754
17.66.120 Noncompliance--Penalty. If the community development director
determines that there has been continuing noncompliance with the conditions of a special use
permit previously granted by the city council hearing examiner, such officer shall schedule a
public hearing before the city council hearing examiner, for purpose of hearing and making
recommendation to the city council hearing examiner, regarding the revocation, suspension or
modification of such special use permit. Refusal by the ap community
development director to so schedule a hearing shall be deemed to be an administrative
decision, subject to appeal by an aggrieved party pursuant to the provisions of this code.
17.67.060 Approval authority.
Subsection B. The approval authority for freestanding WCFs in a secondary location shall
be the s+tjF-se~-sil hearing examiner and shall require approval of a special use permit, in
accordance with the procedures in Chapter 17.66, YMC.
17.72.020 General requirements.
Subsection D. Consideration from the site plan review committee,
hearing examiner and the city council should be given as to the requirements/standards for off-
street parking as they pertain to the central business district.
Subsection I. For uses other than those specified, parking facilities shall be located not
farther than three hundred feet from the facility. Consideration from the site plan review
committee, hearing examiner and the city council should be given as to
the requirements/standards for off-street parking as they pertain to the central business district.
17.72.060 Off-street loading.
Subsection C. Consideration from the site plan review committee,
hearing examiner should be given as to the requirements/standards for off-street parking and
required loading areas as they pertain to the central business district.
17.81.020 Building permits required.
Subsection C. Has been approved by the sift-ee+~sil hearing examiner as a special use as
defined in Chapter 17.66; or
17.96.020 Initiation of amendments, rezones and variances.
Subsection C. A recommendation by the planning commission or hearing examiner to the
city council.
17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a variance of
up to fifteen percent from the front, side and rear setback requirements in all zones. Any
variance from such front, side and rear setback requirements that exceeds fifteen percent shall
be considered by the hearing examiner after the
hearing examiner has provided notice and a public hearing as if such variance were a special
use permit as provided in Chapter 17.66. This does not preclude other variances from being
considered as provided in Section 17.96.023.
17.96.040 Public hearings. At least one public hearing on any such proposed amendment; or
rezone er~rar-iaase shall be held by the planning commission. At least one public hearing on
any such proposed variance shall be held by the hearing examiner as
provided for in Yelm Municipal Code Chapter 2 26 Hearing Examiner
City of Yelm
Ordinance No. 754 10
17.96.060 Consideration by City Council. The planning commission's recommendation on
amendments or rezones shall be presented for City Council consideration no longer than twenty
working days from the date a decision constituting a recommendation is rendered.
Section 4 The following sections and/or subsections of Chapter 16, Subdivisions shall be
amended to read as follows:
16.08 Definitions
"Hearing Examiner" means the hearing examiner of the city established pursuant to Section
2.26 of the Yelm Municipal Code.
16.04.090 Appeals. An applicant or other aggrieved party may appeal any
hearing examiner decision made pursuant to this title to the city council
. in
accordance with YMC. Chapter 2.26. ,
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16.12.030 Application content. All subdivision applications, including short subdivisions,
large lot subdivisions, and preliminary subdivisions shall contain the following information.
Specific items may be waived by the administrator if the administrator deems such information
to be irrelevant or not applicable to a particular application. If the application is subject to
hearing examiner and/or city council review, the +srs+er~ hearing
examiner or council may require submission of any information previously waived by the
administrator.
16.12.040 Review procedure. The city planner will review the application for completeness.
Within #ifteen thirty days of submission the planner will inform the applicant in writing whether
the application is complete and, if not, setting forth any deficiencies found in the application.
16.12.100 Hearing Examiner review and action. Upon receipt of all required administrative
approvals, the city planner shall forward any proposed preliminary or final full subdivision or
large lot subdivision of five or more lots to the hearing examiner for
appropriate action. The seriesien hearing examiner shall review the proposed final full
subdivision and forward its recommendation to the city council. The seris~ier~ hearing
examiner shall review the proposed preliminary plat or large lot subdivision and render its
decision. (Ord. 436(part), 1992).
16.12.110 Decision-maker. The final decision with regard to each preliminary full subdivision
shall be made by the sits-seu~sil hearing examiner. The final decision with regard to each final
full subdivision shall be made by the city council. The final decision with regard to each short
subdivision shall be made by the city planner. The final decision with regard to each large lot
subdivision of five or more lots shall be made by the hearing examiner.
The final decision with regard to each large lot subdivision of four or less lots shall be made by
City of Yelm
Ordinance No. 754 11
the city planner. All final decisions not made by the city council are subject to appeal as set forth
in Chapter ~A4 2.26.-(Ord. 436(part), 1992).
16.12.210 Combined application option. An applicant for large-lot subdivision or short
subdivision approval may submit concurrent and combined preliminary and final subdivision
applications. The fee for such a combined application will be reduced in accordance with the
city's development fee schedule. No final application for full subdivision approval will be
accepted by the city prior to preliminary plat approval having been granted by the ~seu~sii
hearing examiner.
16.12.300 Ge+i~s~sier~ Hearing Examiner review. Upon receipt of all required administrative
approvals, the city planner shall forward any proposed final full plat and any large lot subdivision
of five or more lots to the hearing examiner for appropriate action. The
se+ss+er~ hearing examiner shall review such full subdivision and forward its recommendation
to the city council. The ssriss+e~ hearing examiner shall render a decision regarding such
large lot subdivision. (Ord. 436(part), 1992).
16.12.310 Council review. Upon receipt of the hearing examiner's
recommendation the administrator shall present the plat to the city council. Upon finding that the
final plat has been completed in accordance with the provisions of this title and that all required
improvements have been completed or that arrangements or contracts have been entered into
to guarantee that such required improvements will be completed, and that the interests of the
city are fully protected, the city council shall approve and the mayor shall sign the final plat and
accept dedications as may be included thereon. The mayor shall immediately return the final
plat to the community development director for filing for record with the county auditor.
16.24.070 Access waiver. An offer of dedication may include a waiver of right of direct
access to any street from any property, and if the dedication is accepted, any such waiver is
effective. Such waiver may be required by the hearing examiner or city council as a condition of
approval. Any dedications, donation or grant as shown on the face of the plat shall be
considered, to all intents and purposes, as a quit claim deed to the grantee for the purpose
intended by the grantor.
16.24.080 Exemption -- Conveyance to corporation. If the hearing examiner or city
council concludes that the public interest will be served thereby, the hearing examiner or city
council, in lieu of requiring the dedication to the public of land in a subdivision for any specific
purpose, may allow the land or improvement to be conveyed to a homeowner's association or
similar nonprofit corporation.
16.24.090 Exemption -- Conditions of corporation conveyance. Prior to the time of filing
a final plat for approval, a subdivider who wishes to make a conveyance to a homeowner's
association or similar nonprofit corporation shall supply the city with copies of the grantee
organization's recorded articles of incorporation and bylaws and with evidence of a binding
commitment to convey such land or improvements. The articles of incorporation shall provide
that membership in the corporation shall be appurtenant to ownership of land in the subdivision,
that the corporation is empowered to assess such land for costs owned by the corporation and
that such assessments shall be a lien upon such land. The hearing examiner or city council may
impose such other conditions as deemed appropriate to assure that property and improvements
owned by the corporation will be adequately constructed and maintained. (Ord. 436(part),
1992).
City of Yelm
Ordinance No. 754 12
16.24.120 Public hearing. Upon receipt of the complete application, and in accordance
with statutory deadlines, an application will be scheduled for public hearing before desi~s+er}-
ttiQTtCI- hearing examiner pursuant to Chapter 2.26. (Ord. 436(part), 1992).
16.32.110 Appeals. The decision of the sea~issier~ hearing examiner may be appealed to
the city council in the manner provided by Chapter 16.04 of this title. (Ord. 436(part), 1992).
16.32.140 Waiver of standards and provisions. When a proposed site plan would conflict
with any standard or provision of city council Resolution No. 177, the sem~+ssier} hearing
examiner may waive such standard or provision upon finding that its application to the
development would defeat the intent of this chapter or the intent of the Yelm Comprehensive
Plan. (Ord. 436(part), 1992).
16.36.020 Variance. Any subdivider may apply for a variance or modification where it appears
there exist extraordinary conditions such as topography, access, location, shape, size, drainage
or other physical features of the site or of adjacent property. No variance or modification of the
standards of this title shall be granted without the written approval of the si#~r-se~asit hearing
examiner except as otherwise authorized by this title. (Ord. 436 (part) , 1992).
16.36.040 Review and decisions by ssi1 hearing examiner. Upon receipt of a
variance application, the si#~-sler~ community development department shall set the request for
public hearing before the ~~ hearing examiner and shall provide notice of such hearing
as required by law. Following the public hearing the se~sil hearing examiner shall render a
decision pursuant to Chapter 2.26. (Ord. 436(part), 1992).
Section 5 The following sections and/or subsections of Title 15, Buildings and Construction
shall be amended to read as follows:
15.24.200 Variances. Variances from provisions of this chapter may be granted by the
~} hearing examiner in accordance
with Chapter 17.96, of this code.
15.49.050 Application and Interpretation:
Subsection B. Interpretation. The City's permit evaluator (depending upon the permit,
this can be the building inspector, environmental review officer, planning administrator, Paa~ir~
~'.em~+ss+er- hearing examiner, or City Council) shall review project applications as follows:
Subsections B 1 through 5 shall remain unchanged.
City of Yelm
Ordinance No. 754 13
Subsection B 6 The final approval authority (hearing examiner or City
Council) may at a public meeting consider and modify the recommendation from below
( hearing examiner and/or staff) without holding an additional
hearing.
15.49.160 Appeals of City's Land Use Decision:
Subsection .010 Administrative Appeal (e.g., "Closed Record Appeal Hearing") is
an appeal of staffs Final Decision and is heard by the 6~i1 hearing examiner
(includes Category I and II administrative permits for building, subdivision, and zoning
code decisions, and also appeals of Determinations of Completeness, interpretation of
consistency of project, and categorization of project.) A Notice of Appeal shall be filed
within 14 days of Notice of Final Decision.
New Subsection
.015 Appeal of Hearing Examiner Decision (e.g.. "Closed Record Appeal Hearing") is
heard by the City Council pursuant to Chapter 2.26.
Subsection .020 Appeal of City Council's Final Decision
go to Superior Court and follow the
judicial review process set forth in RCW 36.70C.
15.32.150 Appeal board.
The hearing examiner pursuant to YMC. Chapter 17.96. as
}ho rcn~ ~ircmen}~+ of }hic. nh.+nfor
o ~
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6B. Those aggrieved by the decision of the hearing examiner,
or any taxpayer, may appeal such decision to the city council as provided in Chaoter
2.26 of the YMC
D. shall be reorganized an as such shall be designated C.
2.36.050 Powers and Duties
d+res~
Section 15.72.250 Hearing. In the event that a Grantee fails to provide evidence reasonably
satisfactory to the Administrator as provided hereunder, the Administrator shall make a
preliminary determination as to whether an event of default by Grantee has occurred and initially
prescribe remedies in accordance with Section 15.72.260. In the event that a Grantee wants to
appeal such determination, it shall do so to the 'hearing examiner as provided
City of Yelm
Ordinance No. 754 14
in Chapter 2.26 In the event a further appeal is sought by the
Grantee, it shall make such appeal ,
SAO as provided in Chapter 2.26.
Section 6 The following Sections of Title 2 shall be amended to read as follows:
Section 2.36.050
Subsection G. shall be reorganized and as such be designated F.
Section 7 The following Sections of Title 14, Environment shall be amended to read as
follows:
14.16.140 Appeal procedure. Any person aggrieved by a decision or an action of the code
administrator in the enforcement or implementation of this chapter may
. be appealed as provided in Chapter
2.26.
Section 8. Severability. If any provisions of this ordinance or its application to any person or
circumstance is held invalid, the remainder of the ordinance or the application of the provisions
to other persons or circumstances is not affected.
Section 9. Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
the Yelm City Council this 27th day of February, 2002.
Rivas, Mayor ~°
ATTEST: ' '/~~ ~ ~jlGC(`lL.
Agn s P. Bennick, City Clerk/Treasurer
PASSED and APPROVED: February 27, 2002
PUBLISHED: Nisqually Valley News, March 8, 2002
City of Yelm
Ordinance No. 754 15