Division III. Public Hearings, Notices and Appeals

Chapter 19.30
BASIC PROVISIONS

Sections:

19.30.010    Purpose.

19.30.020    Applications.

19.30.030    Staff reports.

19.30.040    General procedures.

19.30.010 Purpose.

The purpose of this division is to prescribe procedures for the conduct of public hearings, public notice requirements, and the appeal of decisions reached as a result of the review procedures described in Division II of this title. [2005 RLDC § 30.010.]

19.30.020 Applications.

A. All documents, evidence, exhibits and other information relied upon by the applicant in support of a development permit or any application reviewed and decided without a public hearing shall be submitted to the Planning Office no later than 5:00 p.m. on the date notice is mailed.

B. All documents, evidence, exhibits and other information relied upon by the applicant in support of an application that involves a public hearing shall be submitted to the Planning Office by 5:00 p.m. 21 days prior to the first scheduled date of the public hearing.

C. If additional documents, evidence, exhibits and other information are submitted in support of an application between the twenty-first day before the first scheduled date of public hearing and the public hearing, any participant in the hearing shall be entitled to request and receive a continuance of the hearing or have the record left open, subject to the specific rules governing such requests as set forth in JCC 19.31.120(J).

D. Unless a continuance has otherwise been provided, any participant may request any time before the conclusion of the initial evidentiary hearing that the record be left open for at least seven days after the hearing.

E. Review of an application or a public hearing on an application shall not be scheduled or noticed until the application is deemed complete by the Planning Director. [2005 RLDC § 30.020.]

19.30.030 Staff reports.

Staff reports shall be available for public inspection at least seven days prior to the date of the public hearing. [2005 RLDC § 30.030.]

19.30.040 General procedures.

A. The Planning Director shall develop forms to be used for all applications and the appeal of all applications set out in this division.

B. The burden of proof is on the applicant and/or the appellant to complete the forms and to substantiate the information presented on the application and/or appeal forms.

C. The Planning Director may reject applications or appeals which are not complete.

D. In the context of this division, the term “applicant” shall have the following meaning:

1. When the original Review or Hearing Body hears and decides on the application, the applicant is the person(s) submitting the application;

2. When a decision is appealed, the applicant is the person(s) filing the appeal, unless the appeal results in a de novo hearing, in which case the individual or organization submitting the application continues to be the applicant. [2005 RLDC § 30.040.]