City of Bellingham Municipal Code

2.56.050 - POWERS AND JURISDICTION

The Hearing Examiner shall have the power to receive and examine available information, conduct public hearings and prepare a record thereof and enter decisions as provided by ordinance.

1. Applications for preliminary plat approval for subdivisions exceeding nine lots under BMC Chapter 18.16;

2. Applications regarding 5-9 lot cluster subdivisions and 2-4 lot cluster subdivisions with density bonus under BMC 18.32.050;

3. Variances from the terms of Title 18 of the Bellingham Municipal Code relating to preliminary plats, 2-4 lot cluster subdivisions with density bonus, and 5-9 lot cluster subdivisions.

1. Appeals provided for in BMC 4.74.155 (admission tax) and Title 6 of the Bellingham Municipal Code (business taxes, licenses and regulations), except only as specifically provided by the Code with respect to cable, utility, and telecommunication franchises under BMC Chapters 6.17 and 6.70;

2. Appeals of determinations of the Parks and Recreation Director provided for in Title 8 or Chapter 13.40 of the Bellingham Municipal Code;

3. Appeals and applications provided for in Title 10 of the Bellingham Municipal Code (criminal code);

4. Appeals as provided by BMC 11.38.09 and hearings related to towing and impoundment, pursuant to Chapter 11.18 of the Bellingham Municipal Code, subject to appeal as provided by Sections 11.18.040 and11.18.050;

5. Appeals of determinations and variances by the Public Works Director or other decision making body or board provided for in Title 13 of the Bellingham Municipal Code, including BMC Chapter 13.60 (traffic impact fees);

6. Applications for variances and other determinations by the Hearing Examiner as provided for in Title 13 of the Bellingham Municipal Code;

7. Appeals of the interpretation and/or decisions of the Public Works Department BMC regarding local improvement districts pursuant to BMC 14.02.150;

8. Appeals from the decisions of the Utility Hearings Board relating to water and sewer services as provided by Section 15.04.120 of the Bellingham Municipal Code;

9. Unless otherwise provided by law, appeals as provided in Title 16 of the Bellingham Municipal Code, including but not limited to appeal decisions assigned to the Hearing Examiner in BMC 16.20 Environmental Procedures;

10. Shoreline conditional use applications, provided that the procedures for decision and appeal shall be as contained in BMC 21.10;

11. The following matters as provided by Title 18 of the Bellingham Municipal Code:

a. Appeals from determinations of the Planning Director regarding lot line adjustments under Chapter 18.10, and short subdivisions under Chapter 18.12 including 2-4 lot cluster subdivisions;

b. Appeals from decisions regarding General Binding Site Plans under BMC 18.24.040.

c. Applications for 2-4 lot cluster subdivisions with hearing under BMC 18.32.060(B);

c. Applications for minimum lot size exception under BMC 18.36.020(A)(4)(c);

d. Variances relating to lot line adjustments and short subdivisions including 1-4 lot cluster subdivisions;

12. Applications for conditional use permits pursuant to Chapter 20.16, and Landmark adaptive use permits and Landmark special valuation pursuant to Sections 17.80.110 and 17.80.130, respectively, of the Bellingham Municipal Code;

13. Applications for variance pursuant to Chapter 20.18 of the Bellingham Municipal Code;

14. Appeals from decisions relating to permits, administrative determinations, and interpretations of the Planning Director provided for in Title 20 and Section 17.82.030 of the Bellingham Municipal Code;

15. Applications for co-housing developments pursuant to Bellingham Municipal Code 20.10.048.

16. Appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the City's Building, Residential, Existing Building, Electrical, Fire, Mechanical, Fuel Gas, Plumbing, or Property Management Codes.

1. Formation of a local improvement district;

2. Approval of local improvement district assessments, including contests of the preliminary assessment reimbursement area and preliminary assessment for local improvement districts pursuant to BMC 14.02.060;

3. Petitions for street and alley vacations;

1. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to Washington State Court Rules; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law;

2. Upon the request of the Planning Department or any party, or upon the Hearing Examiner’s own volition, issue and cause to be served subpoenas for the attendance of witnesses and for the production for examination of any books, records, or other information in the possession or under the control of any witness; provided that such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;

3. Regulate the course of the hearing in accordance with this chapter and other applicable ordinances;

4. Hold conferences for the settlement or simplification of the issues by consent of the parties;

5. Dispose of procedural requests or similar matters;

6. Take any other action authorized by ordinance.