Ordinance 2144-96 - Laserfiche WebLink

• • a. The nature of the use or proposed use of the subject property; b. The purpose for the particular development standard which is being appealed; c. The criteria used in making such an application of the development standard which is being appealed; d. The appellant's basis for appealing the application of the particular development standard; e. The impact that the development standard requested by the appellant would have on the following: (1) The proposed use, (2) Surrounding properties, (3) Public right-of-way, (4) Environmentally sensitive areas, (5) Other standards required by this title, (6) Overall public health, safety and welfare, (7) Relevant policies of the Everett general plan; and f. Any finds or conclusions issued in writing by the planning department or planning director. An applicant who wishes to vary from a prescribed standard contained in this title shall seek remedy through the variance procedure or any other legal method prescribed in this title. 2. Adult Use Businesses. A determination that an Adult Use Business meets the development standards and/or locational requirements shall be a Review Process I decision under Ordinance No. 2136-96 (as it exists or is hereafter amended). Any person who feels that the application of development standards and/or locational requirements is improper or inappropriate may file an appeal. The appeal shall be heard by the Hearing Examiner. In evaluating such an appeal, the Hearing Examiner shall determine whether the appealed development standards and/or locational requirements have been correctly applied. The scope of the appeal and the Hearing Examiner's authority shall be limited to these factual determinations. If the Hearing Examiner determines that the development standards and locational requirements were properly applied, the appeal shall be denied. If the Hearing Examiner determines that the development standards and locational requirements were not properly applied,the appeal shall be granted. The time period for processing the appeal shall be the time period specified for Review Process I in Ordinance No. 2136-96 (as it now exists or is hereafter amended). Standing to appeal is limited to those persons defined in Ordinance No. 2136-96 (as it now exists or is hereafter amended) for Review Process I. When a proposed Adult Use requires a SEPA Threshold Determination under RCW 43.21C,the threshold determination is a Review Process II decision under Ordinance No. 2136-96. Appeals of SEPA determinations for Adult Use Businesses shall be limited to the appeals listed in the City's SEPA Ordinance, Subsection EMC 20.04.250A. The time period and procedures for submitting an appeal and for processing the appeal of the Threshold Determination shall be the time period and procedures specified for Review Process II in Ordinance No. 2136-96 (as it now 20