Chapter 2.40


2.40.010    Definitions.

2.40.020    Rules and procedures.

2.40.010 Definitions.

For purposes of this chapter, the following mean:

(A) “Interested persons” means all persons to whom notice of hearing is required to be sent by this code, ordinances or state law.

(B) “Public body” means the council and planning commission.

(C) “Public hearing” means any public hearing required to be held under this code, ordinances and resolutions applicable to the city.

(D) “Staff” means the staff personnel of the public body before whom the public hearing is being held.

(E) “Witnesses” means any persons offering or presenting testimony at a public hearing, whether the testimony be in person or in writing. [Code 2000 § 2.505.]

2.40.020 Rules and procedures.

The following rules and procedures shall be followed by the public body conducting a public hearing:

(A) The public hearing shall be conducted in such a manner as to allow all interested persons the opportunity to be heard, to present evidence in their own behalf, and to cross examine all witnesses who testify before the public body. The presiding officer of the public body may allow testimony to be presented from others than interested parties upon request. A representative of the staff shall be given the opportunity to present the staff report and its recommendations to the public body. The person or persons presenting the staff report and recommendations shall be considered witnesses and shall be subject to the same rules as a witness.

(B) All questions arising during a public hearing pertaining to procedure, evidence, time for presentation and the general conduct of the hearing, not expressly provided for in this section, shall be ruled upon by the presiding officer of the public body.

(C) A stenographic or electronic record shall be made of the public hearing. The record and all exhibits received in evidence by the presiding officer shall be retained by the public body for a period not less than six calendar months from and after the date of the hearing.

(D) The public body shall make and reduce to writing specific findings of fact regarding the following matters:

(1) Whether the requested special benefit, if allowed, is in conformance with the comprehensive plan or development of the city and other applicable ordinances and code provisions.

(2) Whether there is a public need for the requested special benefit, and, if so, will the need be best served by the proposed special benefit involving the land use of the subject property as compared with other available property presently allowing such land usage.

(3) Whether conditions have changed in the immediate area of the subject property proposed for the special benefit or there was a mistake in the original comprehensive plan of development. [Code 2000 § 2.510.]