Spokane Municipal Code

Title 17F Construction Standards

Chapter 17F.010 General Provisions

Section 17F.010.070 Reasons for Decision

1. Each hearing body is responsible to give reasons for its decision. Each hearing body may by rule specify the requirements of this section.

2. If a decision is negative in effect, such as denial of an application, and does not change the status quo, the body may simply indicate that certain criteria for granting the application have not been met. When one of several criteria have not been met, it is not necessary that the decision contain findings or conclusions as to the other criteria.

3. If a decision is affirmative in effect, such as a grant of an application, the body must at least summarize the salient facts found to exist and the conclusions following from those facts.

4. If the evidence at a hearing includes a report, recommendation, or decision of staff or other agency containing a statement of facts and reasons, the hearing body may adopt, with or without modification, the facts and reasons so presented; or the hearing body may refute particular findings or conclusions, or may make its own statement.

When an appellate body denies an appeal and affirms a decision, it may, in the absence of objection from a party, adopt the findings and conclusions in the decision immediately so as to make its decision final without necessity for further proceedings to adopt findings and conclusions.

5. If a decision involves application of an established policy contained in an ordinance, resolution or other official document, the hearing body may express such policy by simply referring to the document.

6. This section does not purport to prescribe the form or mode of preparation of reasons for decisions. Each hearing body under this chapter may prescribe whether reasons are to be adopted by motion during the hearing; whether the preparation of the statement of reasons is to be delegated to staff, a committee, or others; whether reasons prepared outside the hearing are to be brought back to the body for adoption or to the chair for approval; whether there is to be further opportunity for comment on proposed findings and conclusions; time limits; the effect of preliminary decisions; and other matters.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33584 Section 1

Section 17F.010.070 Reasons for Decision

1. Each hearing body is responsible to give reasons for its decision. Each hearing body may by rule specify the requirements of this section.

2. If a decision is negative in effect, such as denial of an application, and does not change the status quo, the body may simply indicate that certain criteria for granting the application have not been met. When one of several criteria have not been met, it is not necessary that the decision contain findings or conclusions as to the other criteria.

3. If a decision is affirmative in effect, such as a grant of an application, the body must at least summarize the salient facts found to exist and the conclusions following from those facts.

4. If the evidence at a hearing includes a report, recommendation, or decision of staff or other agency containing a statement of facts and reasons, the hearing body may adopt, with or without modification, the facts and reasons so presented; or the hearing body may refute particular findings or conclusions, or may make its own statement.

When an appellate body denies an appeal and affirms a decision, it may, in the absence of objection from a party, adopt the findings and conclusions in the decision immediately so as to make its decision final without necessity for further proceedings to adopt findings and conclusions.

5. If a decision involves application of an established policy contained in an ordinance, resolution or other official document, the hearing body may express such policy by simply referring to the document.

6. This section does not purport to prescribe the form or mode of preparation of reasons for decisions. Each hearing body under this chapter may prescribe whether reasons are to be adopted by motion during the hearing; whether the preparation of the statement of reasons is to be delegated to staff, a committee, or others; whether reasons prepared outside the hearing are to be brought back to the body for adoption or to the chair for approval; whether there is to be further opportunity for comment on proposed findings and conclusions; time limits; the effect of preliminary decisions; and other matters.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33584 Section 1