§ 2.88.090. Hearing—Conduct and procedures—Decision.

A.

In hearing the appeal, the board shall exercise its independent judgment in determining whether the decision appealed was correct. If the hearing before the approving authority was recorded electronically or by a certified court reporter and notice of that hearing had been given in the manner set forth in Section 18.136.040, the decision of the board on appeal shall be based on a review of the documentary record, including a transcription of the hearing, and such additional evidence as may be presented which could not have been presented at the time the decision appealed was made. No other evidence shall be permitted to be presented except as provided in subsection (B) of this section. If the hearing held before the approving authority was not recorded electronically or by a certified court reporter, or if notice of the hearing was not required to be given in the manner set forth in Section 18.136.040, the hearing on appeal shall be heard de novo.

B.

Upon a showing of good cause, the chair of the board may authorize a de novo review and/or the presentation of additional evidence which could not have been presented at the time of the decision appealed from. This decision by the chair may be overruled by a majority of the remaining board members.

C.

Following close of the hearing on appeal the board may affirm, reverse, or modify the decision being appealed, or may remand the matter to the approving authority for further consideration, additional findings, advisory report to the board within forty days of the remand, or other appropriate action consistent with the decision of the board. If the matter is remanded to the approving authority for an advisory report to the board, the hearing on appeal shall remain open solely for the purpose of receiving the advisory report and testimony thereon, and the board shall close the hearing and render its final decision on the appeal only after reviewing the advisory report or, if no report is submitted within the forty-day period, following expiration of such forty-day period.

D.

A decision on the appeal shall be rendered by the board within thirty calendar days of the close of the hearing except that if the board renders a tentative decision within thirty calendar days of the close of the hearing and refers the matter to its legal counsel for preparation of proposed findings, such proposed findings shall be returned to the board and the board shall thereupon adopt its final findings and decision on the appeal within forty-five calendar days following such referral, unless that date is extended by the board for good cause up to ninety days.

E.

No building, environmental management or other ministerial permit shall be issued for the purpose of authorizing construction permitted in consequence of the final decision of the board until expiration of the period within which a motion to reconsider must be made, or until the date of the decision of the board on reconsideration of the decision, whichever is later.

F.

The decision on appeal shall be final seven working days following the date the board takes final action on the appeal at a public meeting, except that if reconsideration is initiated pursuant to Section 2.88.110, the decision on appeal shall be final on the date the board takes its final action on the reconsideration. The date of the decision shall not be the date the clerk or any officer, body or department notifies the appellant of the decision of the board and the date of decision shall not relate back to the date of the decision by the approving authority, unless a regulation of the county expressly provides otherwise.

(Ord. No. 1358, § 2, 4-26-2011)