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A. Creation and Purpose. The hearing officer is created to hold public hearings to provide relief from the terms of this code by variance applications and to hear and decide appeals from decisions of the zoning administrator.

B. Duties and Powers. The hearing officer shall have the duty to carry out the provisions outlined in Chapter 2.15 MCC and this code.

1. The hearing officer shall hold a public hearing or public meeting to review and approve, continue, deny, approve with conditions, or to the extent applicable, enter the appropriate order, the following:

a. Appeals from decisions made by the zoning administrator or designee, regarding the following:

i. Waivers;

ii. Temporary use permits;

iii. Modifications to waivers and temporary use permits;

iv. Zoning permits;

v. Development review permits;

vi. Modifications to approved zoning permits, development review permits, and zoning permits; and

vii. Any other decision made by the zoning administrator or designee.

2. The hearing officer shall not:

a. Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning code, provided the restriction in this subsection shall not affect the authority to grant variances pursuant to this code; or

b. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

3. The hearing officer may, in connection with any application, impose conditions as the hearing officer deems necessary in order to fully carry out the provisions and intent of this code. Violation of any hearing officer condition shall be a violation of this code.

4. Authorize a reduction of the off-street parking and loading requirements of this code, if it should find that in the particular case the peculiar nature of the building or premises, or an exceptional situation or condition, would mitigate the need for the parking spaces specified. The hearing officer shall consider such requests only after the remedies available in this code have been exhausted.

C. Organization.

1. The provisions of Chapter 2.15 MCC shall apply for the composition, number, and qualifications of the hearing officer.

2. Hearing officer meetings shall be open to the public. The public shall be given an opportunity to testify orally or in writing. The minutes of its proceedings, records of the hearing officer discussion and other official actions shall be kept by the city clerk as a public record.

3. The hearing officer shall adopt rules of procedure consistent with the provisions of the city code for the conduct of its business and procedure.

4. The development services director, or a designated representative, shall serve ex officio as the secretary of the hearing officer.

D. Appeals. Refer to MCC 18.140.140. [Res. 23-19; Ord. 23-17 § 2.]