Ordinance 2144-96 - Laserfiche WebLink

• exists or hereafter amended). Whether the appeal is heard separately or in a combined hearing in conjunction with a SEPA Appeal Hearing, the scope of the Hearing Examiner's authority in reviewing an appeal regarding the City's application of development standards and/or locational requirements to a proposed Adult Use Business shall be limited as set forth above in this subsection. Section 15. Section 41.180.G of Ordinance No. 1671-89, as amended by Section 30 of Ordinance No. 1729-90, and Section 6 of Ordinance No. 1864-92, which reads as follows: G. Judicial Review. Any review of a final action of the city, which action was reviewed by the city's land use hearing examiner, must be reviewed by the Everett city council in accordance with the review procedures provided in Chapter 2.23 of this code, prior to any judicial review. All judicial reviews of these actions shall be reviewed in accordance with the requirements for judicial review set forth in Chapter 2.23 of this code. Any final action of the city under this title which is not reviewed by the city's land use hearing examiner shall be final and conclusive unless within thirty days from the final date of the city's final action an aggrieved party formally makes application to the court to obtain a writ of certiorari from the Superior Court of Washington for Snohomish County for purposes of review of the action taken. For purposes of the writ proceedings, the petitioner shall be responsible for the costs of transcription of the record and all costs associated with the preparation of the record. be and the same is hereby amended to read as follows: G. Judicial Review. The City's final action shall be final and conclusive unless a land use petition appeal is filed in Snohomish County Superior Court. Such petition must be filed within twenty-one (21) days of issuance of the decision, as provided in Chapter 36.70C RCW. Section 16. Section 39.025.B of Ordinance No. 1671-89, as amended, which reads as follows: B. Amortization. 1. The nonconforming use provisions set forth in Chapter 38 of this title shall not apply to adult use businesses. For purposes of this title, a "nonconforming adult use business" constitutes an adult use business which lawfully existed prior to November 7, 1986, and is maintained after the effective date of this title although it does not comply with the adult use business zoning requirements set forth in this title, or is an adult use business which lawfully existed prior to annexation by the city and is maintained after the effective date of annexation and does not comply with the adult use business zoning requirements set forth in this title. 2. Adult use businesses which are nonconforming uses in the zone in which they are located and which are located within the city limits as of November 7, 1986 shall be discontinued within five years of this date or upon the expiration of the leasehold period in existence as of October 22, 1986, or upon the sale of the nonconforming adult use business, whichever occurs first. Adult use businesses which are nonconforming as a result of annexation to the city shall be discontinued within two years of the date of annexation. Such nonconforming adult use 21