Chapter 16.44
PROCEDURES FOR HEARINGS BEFORE THE HEARINGS OFFICER Revised 7/23
Sections:
16.44.010 Procedure for public hearing.
16.44.020 Scheduling.
16.44.030 Hearing notice. Revised 7/23
16.44.100 Conduct of hearings.
16.44.200 Decisions and notice.
16.44.300 Appeals of hearings officer decision.
16.44.400 Notice of final decisions.
16.44.010 Procedure for public hearing.
When a public hearing is required pursuant to MCC 16.37.020 and 16.37.080, the procedures and notification requirements in this chapter and state law shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.01.]
16.44.020 Scheduling.
Except as provided in MCC 16.37.010, the zoning administrator shall schedule a hearing before the hearings officer. If the applicant requests a different hearing date, the zoning administrator may reschedule the hearing. If the hearings officer requests a change in the hearing date, the zoning administrator shall reschedule the hearing accordingly. If the applicant has requested the change, and the hearing date is later than would otherwise have been scheduled, the zoning administrator may make the rescheduling contingent on the applicant granting an extension of any time limit for reaching a decision in state law. If, as a result of the applicant’s request for a different hearing date, renotification is required, the applicant shall pay a renotification fee. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.02.]
16.44.030 Hearing notice. Revised 7/23
A. Notice of a hearing shall be mailed by the zoning administrator to the applicant, owners, contract sellers and mortgage holders of the subject property identified in the application, those on the notification list, and to anyone entitled to notice under state law at least 20 days prior to the date of the first evidentiary hearing and 10 days prior to the date of any subsequent hearings. Failure of anyone to receive mailed notice shall not affect the validity of the proceedings.
B. The notice shall include:
1. The date, time and location of the hearing;
2. The nature of the application, and the proposed uses that could be authorized;
3. The address or other easily understood geographical reference to the subject property;
4. A list of the topical headings and numbers of the criteria from the applicable city comprehensive plan and this title that apply;
5. A statement that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the hearings officer an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals on that issue;
6. The name of the zoning administrator’s staff to contact, and the telephone number where additional information may be obtained;
7. A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and a copy will be provided at reasonable cost upon request;
8. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and copies will be provided at reasonable cost upon request;
9. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings;
10. All documents or evidence relied upon by the applicant shall be submitted to the zoning administrator and be available to the public at the time notice of the hearing is provided. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.03.]
16.44.100 Conduct of hearings.
A. The board shall adopt procedures for the conduct of hearings before the hearings officer consistent with the requirements of this title and state law.
B. At the commencement of a hearing, a statement shall be made to those in attendance that:
1. Identifies the applicable substantive criteria;
2. Testimony and evidence must be directed toward the identified criteria or other criteria in the plan or this title which the person believes to apply to the decision; and
3. Failure to raise an issue precludes appeal to the Land Use Board of Appeals based on those criteria.
C. The hearings officer may continue the hearing to a certain date, may close the hearing and keep the hearing record open to a certain date to allow submittal of written testimony, and may reopen the hearing record to admit new evidence or testimony.
D. If documents or evidence in support of the application are submitted after notice is provided, any party may be entitled to a continuance of the hearing.
E. If the hearings officer has not granted a continuance, the record shall remain open for at least seven days for submittal of written testimony upon request of a participant before the close of the hearing.
F. If the hearings officer reopens the hearing record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making that apply to the matter at issue. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.10.]
16.44.200 Decisions and notice.
A. Following the close of the hearing, the hearings officer shall issue a written order or recommendation. The order shall be transmitted to the board’s office. The file and a copy of the order shall be transmitted to the zoning administrator.
B. Notice of the decision shall be mailed to the applicant, the applicant’s representative, the owners of the subject property identified in the application, and those who testified at the hearing or requested notice in writing.
C. A decision by the hearings officer shall be effective 15 days from the date the order is mailed, unless appealed, called up by the board, or further action is required pursuant to MCC 16.39.040. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.20.]
16.44.300 Appeals of hearings officer decision.
A. An appeal shall be in writing and shall request that the board hold a hearing on the application. The appeal must:
1. Explain wherein the decision is factually or legally incorrect; or
2. Present new facts material to the decision; or
3. Propose modifications that will better conform the proposal to the requirements of this title.
B. The appeal shall be filed with the county clerk within 15 days of the mailing of the hearings officer’s decision.
C. If an appeal of a hearings officer’s decision is timely filed, the decision shall not become effective and the appeal shall be scheduled for consideration by the board.
D. The zoning administrator may appeal the decision of the hearings officer to the board. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.30.]
16.44.400 Notice of final decisions.
When the clerk does not receive notice of appeal pursuant to MCC 16.44.300 prior to the expiration of the appeal period, the decision becomes final and the zoning administrator shall provide notice of the effective date of the hearings officer’s decision to the applicant, owner of the property included in the application, and those requesting notice; provided, in the case of a hearings officer’s decision approving a plan amendment or zone change where a board hearing is not required, an ordinance shall be prepared for board adoption. Upon adoption of the ordinance, the zoning administrator shall provide the notice required in MCC 16.45.040. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.40.]