Chapter 17.96
NOTICE AND HEARING PROCEDURE
Sections:
17.96.010 Purpose and scope of regulations.
17.96.020 General procedural requirements.
17.96.030 Type A – Decisions made with a hearing.
17.96.040 Submission of evidence.
17.96.050 Continuance of hearing/record.
17.96.060 Statement at commencement of hearing.
17.96.070 Type B – Decision made without an initial hearing.
Prior legislation: Ord. 9-58.
17.96.010 Purpose and scope of regulations.
The requirements of this chapter apply to all quasi-judicial land use decisions for which a hearing is required, except as otherwise noted. They shall govern the manner in which quasi-judicial land use hearings are conducted, notification is provided, and decisions are made. They do not apply to legislative actions, such as major comprehensive plan amendments, zoning ordinance textual changes, major zoning map amendments, or other procedures initiated by the city and which do not apply only to a limited number of identifiable properties. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].
17.96.020 General procedural requirements.
There are two classifications used in determining which procedural requirements apply:
Type A – Quasi-judicial actions which require a hearing.
Type B – Quasi-judicial actions which may be taken administratively, without a hearing.
The applicable classification shall be designated in the particular sections of this title which provide for the quasi-judicial land use action in question. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].
17.96.030 Type A – Decisions made with a hearing.
A. Notice. At least 20 days before the public hearing, written notice of the hearing shall be mailed to all owners of property within 100 feet of the site or, if the site is entirely outside of the urban growth boundary, to all owners of property within 250 feet of the site or, if the site is within a farm or forest zone, to all owners of property within 500 feet of the site.
B. Notice Contents. This notice shall contain all of the following elements:
1. A brief explanation of the nature of the application and the proposed use or uses which could be authorized;
2. A list of all applicable criteria from the ordinance and/or comprehensive plan which apply to the application;
3. The street address or other easily understood geographical reference to the subject property;
4. The date, time and location of the hearing;
5. A warning which states:
FAILURE TO RAISE AN ISSUE BY THE CLOSE OF THE RECORD OR FOLLOWING THE FINAL EVIDENTIARY HEARING, IN PERSON OR BY LETTER, AND WITH SUFFICIENT SPECIFICITY TO ALLOW THE DECISION MAKER TO RESPOND, PRECLUDES AN APPEAL TO THE STATE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE;
6. The name and telephone number of the planning director or other designated individual at the city, where additional information may be obtained;
7. A statement that copies of: (a) the application; (b) all documents and evidence relied upon by the applicants; (c) applicable criteria; and (d) at least seven days before the hearing, the staff report, are all available for inspection at no cost, and will be provided upon request at a reasonable cost; and
8. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
C. Proof of Notice. An affidavit shall be completed by the planning director representing that the required notice was provided to the appropriate individuals, including a list of the names and addresses of the individuals to whom notice was sent, and the date thereof.
D. Notice in Newspaper. A summary notice, setting forth the general nature of the application, the names of the applicant, and the date, time and location of the hearing, shall be published in a local newspaper at least one week prior to the hearing. If there is no local newspaper, it shall be published in a newspaper of general circulation within the city. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].
17.96.040 Submission of evidence.
A. By Applicant. The applicant must submit all documents or evidence in support of the application at least 20 days before the hearing.
B. By Others in Support of the Application. Persons other than the applicant may submit documents or evidence in support of the application as late as at the hearing itself.
C. By Opponents. Persons may submit documents or evidence in opposition to the application as late as at the hearing itself and for at least seven days after the hearing if someone other than the applicant submits documents or evidence in support of the application or a participant at the hearing requests, before the hearing concludes, for the record to be kept open.
D. Rebuttal. The applicant and other persons who have participated at the hearing may submit documents or evidence rebutting evidence submitted in opposition to the application at the hearing and for at least seven days after the hearing if a participant at the hearing requests, before the hearing concludes, for the record to be kept open. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].
17.96.050 Continuance of hearing/record.
A. Continuance. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. The period of any such continuance shall not be included within the 120-day time limit otherwise provided by state law or by this chapter.
B. Record. The record shall remain open for at least seven days after the initial hearing if a participant at the hearing requests, before the hearing concludes, for the record to be kept open. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].
17.96.060 Statement at commencement of hearing.
At the commencement of a hearing, the presiding officer shall make a statement including:
A. An outline of the general procedures and rules for the conduct of the hearing;
B. A list of the applicable criteria for the decision;
C. A statement that testimony and evidence must be directed toward the applicable criteria, or towards such criteria in the comprehensive plan or land use regulations which a person believes to apply to the decision;
D. A statement that issues must be raised by the close of the record at or following the hearing or continued hearing, in person or by letter, and with sufficient specificity to allow the decision makers and the parties an opportunity to respond, or that appeal to the State Land Use Board of Appeals on those issues will be precluded;
E. A statement that, if a participant at the hearing so requests before the hearing concludes, the record shall be kept open for at least seven days, unless there is a continuance of the hearings; and
F. A statement that any party shall be entitled to a continuance of the hearing if additional documents or evidence is provided in support of the application. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].
17.96.070 Type B – Decision made without an initial hearing.
A. Notice. If the quasi-judicial action is one which is taken administratively, without a hearing, notice of the decision shall be mailed to those persons who would have had a right to notice of a Type A decision, as set forth in EPMC 17.96.030. In addition, notice shall be mailed to any other persons known to be adversely affected, or aggrieved, by the decision.
B. Appeal. An appeal of any such decision may be filed in accordance with Chapter 17.100 EPMC. Any such appeal shall be de novo, and all of the provisions of a Type A decision shall apply. [Ord. 9-93 § 1 (Exh. A, Art. IIA), 1990].