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2 Adult Use Businesses. A dctermination that an adult use business meets <br /> the development standards and/or locational requirements shall be a <br /> Review Process 1 dccision under Ordinance No. 213G-96 (as it exists or is <br /> herea(ier amended). Any person who feels that the application of <br /> development standards and/or locational requirements is improper or <br /> inappropriate may file an appeal. The appeal shall be heard by the hearing <br /> examiner. In evaluating such an appeal, the hearing examiner shall <br /> determine whether the appealed development standards and/or location <br /> reqwrements have bcen cortectly applied. The scope of the appeal and the <br /> hearing examiner's authoriry shall be limited to these factual <br /> determinations. If the hearing examiner determines that the development <br /> standards and locationa! requirements were property applied, the appeal <br /> shall be denied. If the hearing examiner determines that the development <br /> standards and locational requirements where not properly applied, the <br /> appeal shzll be granted. The time period for processing the appeal shall be <br /> the ume period specified for Review Process I in Ordinance No. 2136-96 <br /> (as il now exists or is hereatler amended). Standing to appeal is limited to <br /> those persons defined in Ordinance No. 2136-9G (as it now exists or is <br /> hcreafter amended for Review Process [. <br /> When a proposed adult use requires a SEPA threshold detertnination under <br /> Chapter 43.2.1C RCW, the threshold determination is a Review Process II <br /> under Ordinance Nu. 2136-96. Appeals oF SEPA determinations for adult <br /> use businesses shall be limited to the appeals listed in the city's SEPA <br /> ordinance, Section 20.04.250(A). The time period and procedures for <br /> submitting an appeal and for processing the appeal of the threshold <br /> determination shall be the time period and procedures specified for <br /> Review Process II in Ordinance No. 2136-96 (as it now exists or is <br /> hereafter amended). Whether the appeal is heard separately or in a <br /> combined hearing in conjunction with a SEPA appeal hearing, the scope <br /> of the hearing examiner's authority in reviewing an appeal regarding the <br /> ciry's application of development standards and/or locational requirements <br /> to a proposed adult usc business shall be limited as set focth in this <br /> subsection. <br /> p. Ap�cals-Burden of ProoC The burden of proof for all appeals provided for by <br /> this title shall be upon the appellant. <br /> E. Aapeals-Filina Period. All appeals providcd for in subsections B and C of this <br /> o�d. tide shall be filcd with the planning department within len days from the date the <br /> i sea•vz P�anning director issues his/her decision. All appeals must be filed on fortns provided by <br /> the planning depanment and will not be considered valid unless the appeal form is filled <br /> out clearly and legibly and ;, accompanied by tLe applicable filing fee. <br /> F. Lffect of Decision. The filing of any administrative appeal in accordance with thc <br /> appcal provisions pro��idcd in this tidc shall stay all devclopment activity based on the <br /> snJr92 <br /> ai-za <br />