Chapter 17.300
PUBLIC HEARINGS

Sections:

17.300.010    General.

17.300.020    Notice.

17.300.030    Hearing authority.

17.300.040    Disqualification.

17.300.050    General rules of hearing.

17.300.060    Burden and criteria (nature of proof).

17.300.070    Order of proceedings.

17.300.080    Decision.

17.300.090    Findings and order.

17.300.100    Disposition.

17.300.110    Record of proceedings.

17.300.120    Appeal.

17.300.010 General.

The following procedures govern the conduct of public hearings. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.1, 1987].

17.300.020 Notice.

(1) Published Notice. Published notice is required for proposed revisions or additions to the comprehensive plan, land development ordinance, subdivisions and vacations.

(a) Comprehensive Plan, Land Development Ordinance and Subdivision. The published notice for proposed revisions or additions to the comprehensive plan and land development ordinance and subdivisions shall be advertised in a newspaper of general circulation at least 10 calendar days prior to each public hearing.

(b) Published notice shall include:

(i) Date, time, and place of hearing.

(ii) The type of application filed (e.g., new land use regulation, title amendment).

(iii) A brief summary of the proposed use(s) or change(s) being proposed.

(iv) A statement that objections should be filed at least five days prior to the date of the hearing.

(v) A statement that the hearing is open to the public, that all interested parties are encouraged to attend, and that individuals interested in obtaining additional information should contact the public works and development department at Coos Bay City Hall prior to the hearing.

(c) Vacation. The published notice for a proposed vacation shall be advertised in a newspaper of general circulation once each week for two consecutive weeks prior to the hearing. The last advertisement shall not be less than seven days prior to the hearing.

(i) The notice shall include:

(A) The nature of the pending vacation and the date, time and place of the hearing;

(B) A description of the area proposed to be vacated by the petition which may include, but is not limited to, any of the following: a map, postal address, legal description, or tax map designation;

(C) The date the petition was filed and the name of at least one of the petitioners; and

(D) That objections or remonstrances to the petition may be made in writing and filed with the department prior to the time of the hearing, and that such objections or remonstrances will be considered at the time of hearing.

(ii) Within five days after the first publication date, a copy of the notice will be posted in at least two conspicuous places in the proposed area to be vacated. The posting and first day of publication of such notice shall be not less than 14 days before the date of the initial hearing.

(2) Mailed Notice. For quasi-judicial hearings, notice shall be sent to all property owners within 250 feet of the external legal boundaries of the property described in the application. The notice must be mailed at least 20 days before the hearing; or, if two or more hearings are required, the notice must be mailed at least 10 days before the hearing. However, for legislative acts which propose to amend the comprehensive plan or any element thereof, notice must be mailed at least 20 days, but not more than 40 days, before the first hearing.

For the purposes of this subsection, “property owners” shall be those persons identified as owners on the latest adopted tax rolls of Coos County.

The applicant shall provide, at the time of the application, a list of the last known name and address of owners shown on the latest adopted tax rolls of Coos County. Failure of a property owner to receive written notice shall not invalidate any action taken by the planning commission or city council, if a good faith attempt was made to comply with the requirements of this title for notice.

(a) Mailed notice shall include:

(i) Date, time and place of hearing;

(ii) A reasonably written description of the location of the subject property which may include, but is not limited to, any of the following: map, postal address, legal description, or tax map designation;

(iii) The nature of the pending issue or proposed use;

(iv) A list of the applicable criteria upon which the decision will be based;

(v) A statement that written comments addressing the findings necessary for a decision may be submitted prior to the hearing;

(vi) A statement that failure to raise an issue during a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal based on that issue;

(vii) A general explanation of the requirements for testimony and conduct of the hearing;

(viii) A statement that the application material is available for inspection or can be copied at a reasonable cost and staff reports may likewise be inspected seven days prior to the hearing;

(ix) The name and telephone number of a local government representative who may be contacted for additional information.

(b) Notice of a public hearing for change of zone shall be mailed to the owner of a “public use airport,” as determined by the Oregon Department of Aviation, if the subject property is:

(i) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon Department of Aviation to be a “visual airport”; or

(ii) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon Department of Aviation to be an “instrument airport.”

(c) For the vacation of a street, alley or public place, notice shall be mailed to all property owners within 250 feet of the external legal boundaries of the area to be vacated.

(d) Notice of a proposed change in zone designation for mobile home parks shall be mailed to each mailing address for tenants in the park not less than 20 days, but not more than 40 days, prior to the hearing.

(e) Land division – Partition II, subdivision (Chapter 17.335 CBMC), written notice of a public hearing on a variance (Chapter 17.350 CBMC), conditional use (Chapter 17.355 CBMC), change in zone (Chapter 17.360 CBMC), and title amendment (Chapter 17.380 CBMC) shall be sent to the Oregon Department of Transportation, the Port of Coos Bay, Coos County, and the city of North Bend.

(3) Additional mailed notice shall be required not less than 20 days, but not more than 40 days, before the date of the first hearing for a proposal which would amend the existing comprehensive plan, or any element thereof, to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan. The notice shall contain the information prescribed by ORS 227.186(5).

For the purposes of this subsection only, property is “rezoned” when the city:

(a) Changes the base zoning classification of the property; or

(b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone. [Ord. 344, 2004; Ord. 320, 2002; Ord. 171, 1991; Ord. 148 § 20, 1989; Ord. 93 § 5.3.2, 1987].

17.300.030 Hearing authority.

The planning commission is designated as the initial hearing authority for specific types of development proposals which require a quasi-judicial hearing. Upon motion and upon majority vote of the city council, a hearing officer may be appointed to act as the hearing authority in place of the city council. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.3, 1987].

17.300.040 Disqualification.

(1) No member of a hearing body shall participate as a hearing officer in a discussion of the proposal or vote on the proposal when any of the following conditions exist:

(a) Any of the following persons have a direct or substantial financial interest in the proposal: the hearing body member or the member’s spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment.

(b) The member has a direct private interest in the proposal.

(c) For any other valid reason, the member has determined that participation in the hearing and decision cannot be in an impartial manner.

(2) A member of a hearing body who owns property within the area entitled to receive notice of the public hearing shall state this fact as a potential conflict of interest. If the member’s impartiality or ability to vote on the matter is not impaired, the member shall so state and shall participate or abstain.

(3) Any proponent or opponent of a proposal to be heard by the hearing body may challenge the qualification of any member to participate in the hearing and decision. This challenge must state facts in writing, by affidavit, relating the person’s bias, personal interest, or other facts which would preclude the member of the hearing body from participating in an impartial manner. This challenge shall be delivered to the city recorder not less than 48 hours preceding the time set for public hearing. The challenge shall be incorporated into the record of the hearing.

(4) No officer or employee of the city who has a financial or other private interest in a proposal shall participate in discussion or give an official opinion to the hearing body without first declaring for the record the nature and extent of such interest.

(5) Hearing body members shall reveal any significant prehearing or ex parte contacts with regard to any matter at the commencement of the public hearing on the matter. If such contacts have not impaired the member’s impartiality or ability to vote on the matter, the member shall so state and shall participate or abstain. Disqualification for reasons other than the member’s own judgment may be ordered by a majority of the members of a hearing body present and voting. The member who is the subject of the motion for disqualification may not vote on the motion.

(6) An abstaining or disqualified member of the hearing body may be counted for purposes of forming a quorum. A member who represents personal interest at a hearing may do so only by abstaining from voting on the proposal, physically joining the audience and vacating the seat on the hearing body, and making full disclosure of status or position at the time of addressing the hearing body.

(7) A member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member states that he has reviewed the evidence received. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.4, 1987].

17.300.050 General rules of hearing.

(1) Persons may speak only after being recognized by the presiding officer and must state their full name and address for the record.

(2) The hearing body will consider only testimony and information that is relevant to the issue of the requested change, and will not allow immaterial or repetitious testimony. (Also see CBMC 17.300.070(1).) [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.5, 1987].

17.300.060 Burden and criteria (nature of proof).

(1) The burden of proof is upon the proponent. The more drastic the change or the greater the impact of the proposal in the area, the greater is the burden upon the proponent.

(2) The proposal must be supported by proof that it conforms to the applicable elements of the comprehensive plan and to applicable provisions of this title, especially the specific criteria set forth for the particular type of decision under consideration.

(3) The applicant and any opponents may submit to the hearing body a set of written findings or statements of factual information which are intended to demonstrate the request is in compliance or noncompliance with the required criteria.

(4) All of the documents or evidence relied on by an applicant must be submitted to and available from the local government at least 20 days in advance of the hearing, and the staff report to be used at the hearing must available be at least seven days in advance of the hearing. Any party to the application may request and receive a continuance for failure to comply with these requirements. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.6, 1987].

17.300.070 Order of proceedings.

(1) The presiding officer will state the case and call the public hearing to order. The presiding officer may establish the time allowed for the presentation of information.

(2) Any objections on jurisdictional grounds shall be noted in the record.

(3) Disqualifications shall be determined. Members shall announce all potential conflicts of interest.

(4) Staff shall present a report which includes the applicable criteria which must be addressed. Staff shall also state that testimony and evidence must be directed toward the applicable criteria or other criteria in the plan or land use regulation which the person believes is applicable to the decision and that failure to raise an issue with sufficient detail to afford the decision makers and parties an opportunity to respond to the issue precludes appeal on that issue.

City staff may also present additional information whenever allowed by the presiding officer during the proceedings.

(5) The hearing authority may inspect the area in dispute for purposes of evaluating the proposal.

(6) The applicant or those representing the applicant shall present information.

(7) Evidence or inquiries by those persons who support the proposed change shall be presented.

(8) Evidence or inquiries by those persons who oppose the proposed change shall be presented.

(9) Evidence or inquiries by those persons who do not necessarily support or oppose the proposed change shall be presented.

(10) Rebuttal testimony may be presented by a single representative of those supporting or opposing the proposed change. The scope of material presented during rebuttal shall be limited to matters which were brought up during the course of the hearing. Rebuttal shall be first presented by the applicant or her/his representative and then by those opposed to the proposed change. The presiding officer shall limit rebuttal to avoid redundancy. If new evidence is submitted by the applicant, opponents have the opportunity to rebut. Any participant may request and receive approval for the record to remain open seven days after the hearing.

(11) At the close of presentation of information, rebuttal, and written argument, the presiding officer shall declare that the hearing is closed. Thereafter, no further information shall be received except for specific questions from the hearing authority to clarify earlier evidence directed to staff or one of the parties. The opportunity for brief rebuttal shall also be afforded to adverse parties.

(12) Once a hearing has been closed, it shall be reopened only upon vote of the hearing authority and only after a showing that:

(a) A clarification of testimony is needed by the governing body; or

(b) There is evidence which was not reasonably available at the time of the hearing; and

(c) The information is now available to the person seeking to reopen the hearing; and

(d) The information is factual, substantive, and material.

(13) If the hearing is reopened to admit new evidence, then any person may raise new issues relating to the new evidence. [Ord. 320, 2002; Ord. 171, 1991; Ord. 148 § 20, 1989; Ord. 93 § 5.3.7, 1987].

17.300.080 Decision.

Following the hearing procedure described in CBMC 17.300.070, the hearing body shall approve, conditionally approve, or deny the application, or if the hearing is in the nature of an appeal, affirm, reverse, or remand that decision that is on appeal. A decision for a development permit shall be made by the hearing body or designate within the time period required by ORS 227.178 and 227.180. The date of decision is the date upon which the final order is signed. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.8, 1987].

17.300.090 Findings and order.

The hearing body shall prepare findings of fact and a written order which shall include:

(1) Notice of the decision to deny or approve the proposed change.

(2) A statement of the applicable criteria and standards against which the proposal was tested, and a statement of the facts which the hearing body used to conclude compliance or noncompliance with the criteria and standards.

(3) Special conditions or time limits placed upon approval and a specific statement of what is required to achieve compliance with the conditions.

(4) Notification of rights to appeal.

(5) Limitation on reapplication in cases of denial. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.9, 1987].

17.300.100 Disposition.

Within seven working days of the adoption of findings of fact and conclusions, the applicant and all other parties to the decision whether they appeared orally or in writing shall receive the written order of the final action. The order shall contain the provisions stated in CBMC 17.300.090. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.10, 1987].

17.300.110 Record of proceedings.

The secretary to the hearing body shall be present at each hearing and shall have the proceedings recorded stenographically or electronically.

(1) Testimony shall be transcribed if required for judicial review or if ordered by the hearing body. Ordinarily, minutes of each hearing shall be written and then approved by the hearing body.

(2) The hearing body shall, where practicable, retain as part of the record each item of physical or documentary evidence presented and shall have the items marked to show the identity of the person offering the evidence and whether it was presented on behalf of a proponent or opponent. Exhibits received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, at which time the exhibits may be released to the owner.

(3) The findings and order shall be included in the record.

(4) A person shall have access to the record of the proceedings at reasonable times, places and circumstances. A person shall be entitled to make copies of the record at the person’s own expense. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.11, 1987].

17.300.120 Appeal.

Appeals from the decision of the hearing authority may be made in accordance with Chapter 17.305 CBMC. The decision by the hearing authority can be appealed. All appeals must be in accordance with Chapter 17.305 CBMC. [Ord. 320, 2002; Ord. 148 § 20, 1989; Ord. 93 § 5.3.12, 1987].