Chapter 18.64
PROCEDURES, FEES, HEARINGS, AND NOTICES

Sections

18.64.010    Establishment of rules for conduct of hearings.

18.64.020    Forms of applications and types of information.

18.64.030    Limitations on refiling of applications.

18.64.040    Records.

18.64.050    Filing fees.

18.64.060    Setting of hearings.

18.64.070    Hearings may be continued without public notice.

18.64.080    Notice of hearings.

18.64.090    Required content of notice.

18.64.100    Withdrawal of application or petition – Effect – Refund of fees.

18.64.010 Establishment of rules for conduct of hearings.

(1) The hearing examiner shall conduct public hearings in accordance with the provisions of the hearing examiner code.

(2) The planning agency may establish rules governing the conduct of public hearings and meetings conducted by it on matters within its jurisdiction. Modifications or changes in such rules may be made, but such changes or modifications shall not become effective until 30 days following the date of the meeting at which such changes or modifications are determined. Copies of the rules shall be made available to the public at the community development department office. [Ord. 770 § 70, 1988: Ord. 175 § 1(24.62.010), 1964.]

18.64.020 Forms of applications and types of information.

The community development department shall prescribe the form in which applications are made for changes in zone boundaries or zones, for planned unit development, unclassified or conditional use permits, and variances. No application shall be accepted unless it complies with such requirements and is verified under oath as to the correctness of information given by the applicant attesting thereto. [Ord. 1237 § 3, 1999; Ord. 770 § 71, 1988: Ord. 175 § 1(24.62.020), 1964.]

18.64.030 Limitations on refiling of applications.

Upon final action in denying an application or petition for an action permitted by the zoning code or upon the verbal or written withdrawal of an application or petition following convening of a public hearing, the community development department shall not accept further filing of an application for substantially the same property involving substantially the same use within six months from the date of final action or withdrawal. [Ord. 1148 § 2, 1995: Ord. 770 § 72, 1988: Ord. 175 § 1(24.62.030), 1964.]

18.64.040 Records.

The agency shall cause to be kept a brief minute record of the proceeding. Such record, applications filed pursuant to this title, the written order or motion showing the action and the reasons therefor and the evidence of notice, and other material shall become a part of the records of the agency to which application is made. Provisions for custody of such additional records or minutes may be adopted by the agency. [Ord. 175 § 1(24.62.040), 1964.]

18.64.050 Filing fees.

(1) Fees for the following shall be set by administrative order of the city manager:

(a) Change of zone;

(b) Unclassified use permit;

(c) Planned unit development;

(d) Variance;

(e) Conditional use permit;

(f) Comprehensive plan amendment.

(2) Application fees from conditional use permits in regard to antenna systems, however, may be set at a cost less than the common and usual application fees set for conditional uses due to lower processing expenses. [Ord. 1174 § 66, 1996; Ord. 454 § 1(U), 1979: Ord. 445 § 7, 1978: Ord. 175 § 1(24.62.050), 1964.]

18.64.060 Setting of hearings.

The date of public hearings before the planning agency shall be not less than 15 days nor more than 60 days from the date of notice of complete application. [Ord. 1174 § 67, 1996; Ord. 175 § 1(24.62.060), 1964.]

18.64.070 Hearings may be continued without public notice.

If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to, and at which, the hearing or meeting will be continued and no further notice is required. [Ord. 175 § 1(24.62.070), 1964.]

18.64.080 Notice of hearings.

Notice of the time and place of public hearings at which a matter under this title will be considered shall be given in accordance with the hearing examiner code. [Ord. 770 § 73, 1988: Ord. 175 §§ 1(24.62.080), 32, 1964.]

18.64.090 Required content of notice.

Notice of hearing on zone reclassifications, amendments, planned unit developments, variances, or unclassified or conditional use permits shall be in accordance with the hearing examiner code. [Ord. 770 § 74, 1988: Ord. 175 § 1(24.62.090), 1964.]

18.64.100 Withdrawal of application or petition – Effect – Refund of fees.

An application or petition for an action permitted by the zoning code that is withdrawn verbally or in writing is subject to the following provisions:

(1) If a verbal or written withdrawal request is made prior to the convening of a public hearing, the withdrawal is permitted as a matter of right and the limitation on refiling of the application or petition as provided in DMMC 18.64.030 is inapplicable.

(2) If a verbal or written withdrawal request is made after the convening of a public hearing, the applicant is prohibited from further filing of an application for substantially the same property involving substantially the same use for a period of six months from the date of withdrawal.

(3) The community development director may authorize a full or partial refund of application or petition fees. The amount of the refund is reduced in proportion to the costs incurred by the city up to and including the date a refund claim is made.

(4) A full refund of fees is granted only when the withdrawal is caused by an error or omission on the part of the city.

(5) A person claiming a refund must submit a statement in writing to the community development director giving the basis for the refund claim. Such statement shall be made within 10 days of the acceptance of the withdrawal. [Ord. 1148 § 1, 1995.]