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Section 14. Section 41.180.0 of Ordinance No. 1671-89 (EMC 19.41.180.C), as amended by <br /> Section 30 of Ordinance No. 1729-90, and Section 6 of Ordinance No. 1864-92, which reads as <br /> follows: <br /> C. Appeals-Application of Development Standards. Certain review procedures and decision- <br /> making processes described in this title require the planning department or planning director to <br /> use discretion in the application of development standards to a particular use or development. <br /> Any person who feels that the application of development standards to a particular use or <br /> development has been improper or inappropriate may file an appeal. Unless otherwise specified <br /> in this title, such appeals shall be reviewed by the hearing examiner using Review Process III.A <br /> described in Chapter 42 of this title. In evaluating such an appeal, the hearing examiner shall <br /> consider the following criteria: <br /> 1. The nature of the use or proposed use of the subject property; <br /> 2. The purpose for the particular development standard which is being appealed; <br /> 3. The criteria used in making such an application of the development standard which is <br /> being appealed; <br /> 4. The appellant's basis for appealing the application of the particular development standard; <br /> 5. The impact that the development standard requested by the appellant would have on the <br /> following: <br /> a. The proposed use, <br /> b. Surrounding properties, <br /> c. Public right-of-way, <br /> d. Environmentally sensitive areas, <br /> e. Other standards required by this title, <br /> f. Overall public health, safety and welfare, <br /> g. Relevant policies of the Everett general plan; and <br /> 6. Any finds or conclusions issued in writing by the planning department or planning <br /> director. <br /> An applicant who wishes to vary from a prescribed standard contained in this title shall seek <br /> remedy through the variance procedure or any other legal method prescribed in this title. <br /> The hearing examiner's final action shall constitute a decision which is appealable to the city <br /> council in accordance with Section 2.23 of this code. <br /> be and the same is hereby amended to read: <br /> C. Appeals-Application of Development Standards. <br /> 1. Non-Adult Use Businesses. Certain review procedures and decision-making processes <br /> described in this title require the planning department or planning director to use discretion in the <br /> application of development standards to a particular use or development. Any person who feels <br /> that the application of development standards to a particular use or development has been <br /> improper or inappropriate may file an appeal. Unless otherwise specified in this title, such <br /> appeals shall be reviewed by the hearing examiner using Review Process III.A described in <br /> Chapter 42 of this title. In evaluating such an appeal, the hearing examiner shall consider the <br /> following criteria: <br /> 19 <br />