Chapter 18.110
ADMINISTRATIVE PROVISIONS
Sections:
18.110.030 Conduct of public hearing.
18.110.040 Authorization to initiate amendments.
18.110.050 Public hearings on a proposed amendment.
18.110.060 Record of amendments.
18.110.070 Limitation on reapplications.
18.110.080 Time limit on final action.
18.110.090 Form of petition and application.
18.110.010 Administration.
The city council shall have the power and duty to enforce the provisions of this title. The city council may appoint agents to assist in issuing development permits and to otherwise assist in the processing of applications. [Ord. 514 § 12.10, 2001].
18.110.020 Public hearings.
(1) Mini-Hearings. For those uses listed as a minor conditional use or a minor variance in this title, the following procedures for a hearing shall apply:
(a) Property owners within 100 feet of the requested land use action shall be sent a mailed notice seven days prior to planning commission review;
(b) No legal notice in a newspaper of record is necessary under the mini-hearing process;
(c) The hearings procedures listed in PRMC 18.110.030 shall be used to conduct a mini-hearing;
(d) Failure of a person to receive a notice prescribed in this subsection shall not impair the validity of the hearing;
(e) The planning commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing shall be resumed shall be announced;
(f) If the city does not maintain professional planning assistance, the list of surrounding property owners required in subsection (1)(a) of this section must be submitted by the applicant with the application.
(2) Other Public Hearings Required by This Title. Public hearings for a major conditional use, major variance and amendments to this title or to the zoning map shall meet the following requirements:
(a) Notice of a public hearing shall be mailed to all owners of property within 250 feet of the property, according to the latest assessment roll in the county assessor’s office, for which the land use action has been requested;
(b) Each notice of a hearing listed in this subsection shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing;
(c) Failure of a person to receive the notice prescribed in this subsection shall not impair the validity of the hearing;
(d) The notice provisions of this subsection shall not restrict the giving of notice by other means, including mail, the posting of property, or the use of radio and television;
(e) The city council or planning commission may recess a hearing to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing shall be resumed shall be announced;
(f) If the city does not maintain professional planning assistance, the list of surrounding property owners required in subsection (2)(a) of this section must be submitted by the applicant with the application. [Ord. 514 § 12.20, 2001].
18.110.030 Conduct of public hearing.
A public hearing required by this title shall be held pursuant to the requirements of this title in the following manner:
(1) Nature and Conduct of Hearing.
(a) The planning commission or city council, in conducting a hearing which will result in a determination as to the permissible use of specific property, is acting in an administrative, quasi-judicial capacity, and all hearings shall be conducted accordingly. Interested parties are therefore entitled to an opportunity to be heard, to be present, to rebut evidence to an impartial court, to have the proceedings recorded and to have a decision based only on evidence which is supported by findings of fact as a part of that record;
(b) No person shall be disorderly, abusive or disruptive of the orderly conduct of the hearing;
(c) No proponent or opponent shall speak more than once without obtaining permission from the presiding officer;
(d) No person shall testify without first receiving recognition from the presiding officer and stating his full name and residence address;
(e) No person shall present irrelevant or repetitious testimony or evidence;
(f) There shall be no audience demonstrations, such as applause, cheering, display of signs, or other conduct disruptive of the hearing. Such conduct may be cause for immediate termination of the hearing;
(g) The planning commission members or council members may question and cross-examine any person who testifies.
(2) Challenge for Bias, Prejudgment or Personal Interest.
(a) Any proponent or opponent of a proposal to be heard by the planning commission or city council may challenge the qualifications of any of its members to participate in such hearing and decision. Such challenge must state facts in writing, by affidavit, relied upon by the submitting party relating to a member’s bias, prejudgment, personal interest, or other facts from which the party has concluded that the member will not participate and make a decision in an impartial manner.
(i) Such written challenge must be delivered by personal service to the city recorder, chairman of the planning commission or mayor, and to the council member or commissioner challenged not less than 48 hours preceding the time set for public hearing.
(ii) Such challenge shall be incorporated into the record of the hearing.
(b) Planning commissioner or council member shall disclose personal interest in a hearing or a decision on a proposal when he or she:
(i) Is a party to or has a direct personal or pecuniary interest in the proposal;
(ii) Is immediate family to the proponent or opponent;
(iii) Is in business with the proponent;
(iv) For any other reason, has determined that he cannot participate in the hearing and decision in an impartial manner.
(3) Presiding Officer.
(a) Chairman of the planning commission or mayor or in his absence his designate shall be the presiding officer at all hearings. In their absence, or with their consent, the commission or council may designate one of its members to act as presiding officer at any appropriate hearing. The presiding officer shall have the authority to:
(i) Regulate the course and decorum of the hearing;
(ii) Dispose of procedural requests or similar matters;
(iii) Rule on offers of proof and relevancy of evidence and testimony;
(iv) Take such other action authorized by the commission or council which is appropriate for conduct commensurate with the nature of the hearing;
(v) Impose time limits on those appearing before the commission or council.
(4) Burden of Proof. The burden of proof is upon the proponent. The proponent must comply with the requirements of the laws of the city including the comprehensive plan, zoning ordinance, subdivision ordinance and any other relevant ordinance.
(5) Criteria. The following criteria and factors are deemed relevant and material shall be considered in reaching a decision on a proposal:
(a) Conformance with the comprehensive plan and city ordinances;
(b) Conformance with the criteria specifically listed in this title;
(c) Change in character of the neighborhood;
(d) Other factors which relate to how the public in general will benefit from the requested change as opposed to the cost the public would incur from the change.
(6) Order of Procedure. The presiding officer, in the conduct of the hearing, shall:
(a) Commence the Hearing. Announce the nature and purpose of the hearing and the rules for the conduct of the hearing.
(b) Call for Abstentions. Inquire of the commission or council whether any member thereof wishes to abstain from participation in the hearing. Any member then announcing his abstention shall not participate in the hearing, participate in discussion of the question, or vote on the question.
Any member whose participation has been challenged by allegation of bias, prejudgment, personal interest, or partiality or who has been subject to significant ex parte or prehearing contact from proponents or opponents may make a statement in response thereto or in explanation thereof, for the record, and state his decision to abstain or not. This statement shall not be subject to cross-examination, except upon consent of that member, but shall be subject to rebuttal by the proponent or opponent, as appropriate.
(c) Objections to Jurisdiction. Inquire of the audience whether there are any objections to jurisdiction of the commission or council to hear the matter and, if such objections are received, conduct such further inquiry as necessary to determine the question. The presiding officer shall terminate the hearing if his inquiry results in substantial evidence that the commission or council lacks jurisdiction or the procedural requirements of this title were not met. Any matter thus terminated shall, if the defect can be remedied, be rescheduled by the commission or council.
(d) Staff Report. If the city maintains planning services, a representative appointed by the city shall summarize the nature of the proposal, explain any graphic or pictorial displays which are a part of the record, summarize the staff report, summarize the findings and decision of the planning commission if the matter was heard by the planning commission, and provide such other information as may be requested by the commission or council.
(e) Proponent’s Case.
(i) The applicant-proponent shall first be heard on his behalf or by representative.
(ii) Upon failure of applicant or his representative to appear at the hearing on his proposal, or upon his express waiver of presenting testimony and evidence, the commission or council shall consider the written application as presenting the applicant’s case.
(iii) Persons in favor of the proponent’s proposal shall next be heard.
(f) Cross-Examination of Proponents. Allow opponents, upon recognition by the presiding officer, to submit questions to the proponent. Proponents shall be given a reasonable time to respond solely to the questions.
(g) Opponent’s Case. Opponents shall be heard in the following order:
(i) Neighborhood associations, special organizations formed for the purpose of opposition, or other groups represented by counsel or a spokesman shall be allowed by the presiding officer to first proceed;
(ii) Person who received notice of the hearing or who was entitled to receive notice of the hearing is presumed to have an interest in the proposal and shall next be heard;
(iii) Person who did not receive notice and who was not entitled to notice shall next be heard.
(h) Cross-Examination of Opponents. Allow proponents, upon recognition of the presiding officer, to submit questions to the opponents. Opponents shall be given a reasonable time to respond solely to the questions.
(i) Public Agencies. Allow representatives of any city, state agency, regional authority, or municipal or quasi-municipal corporation existing pursuant to law to next be heard.
(j) Rebuttal Evidence. Allow the proponent to offer rebuttal evidence and testimony, and the opponents to respond to such additional statements. The scope and extent of rebuttal shall be determined by the presiding officer.
(k) Close of Hearing and Deliberation. The presiding officer shall conclude the hearing and the commission or council shall deliberate the proposal. Deliberations shall be open to public attendance. The commission or council shall either make its decision and state its finding, which may incorporate findings proposed by the proponent, opponents, the planning commission, or may continue its deliberations to a subsequent meeting, the time and place of which must then be announced.
(7) Record of Proceedings.
(a) A designee of the presiding officer shall be present at each hearing and shall provide that the proceedings be electronically or stenographically recorded.
(b) Written minutes of all meetings will be made which give a true reflection of matter discussed along with the views of the participants. Copies of all minutes will be made available to the public within a reasonable time after the meeting and will include the following information:
(i) Members present;
(ii) All motions, proposals, resolutions, orders, ordinances, and measures proposed and their disposition;
(iii) The results of all votes, and upon the request of a commission or council member, the vote of each member, by name;
(iv) The substance of any discussion on any matter.
(c) The presiding officer shall, where practicable, cause to be received all physical and documentary evidence presented which shall be marked to show the identity of the person offering and whether presented on behalf of the proponent or opponent. Such exhibits shall be retained by the city until after any applicable appeal period has expired, at which time the exhibit shall be released upon demand to the person identified thereon.
(8) Review by the City Council.
(a) The city council, on its own motion, may review the action of the city recorder, zoning administrator or planning commission. The motion to review the action shall be made and passed by a majority vote of the council within 15 days of the decision of the city recorder, zoning administrator or planning commission.
(b) The review shall be conducted in the same manner provided for in appeals. [Amended during 2011 codification; Ord. 514 § 12.30, 2001].
18.110.040 Authorization to initiate amendments.
An amendment to the text of this title or to a zone boundary may be initiated by the city council, the city planning commission, an affected governmental unit, or by application of a property owner or resident of the city or urban growth area. The request for an amendment shall be accomplished by filing an application with the city recorder. [Ord. 514 § 12.41, 2001].
18.110.050 Public hearings on a proposed amendment.
A public hearing shall be held by the planning commission with the public notice given as provided in PRMC 18.110.020(2) and 18.110.030 on any proposed amendment to this title, at its earliest practicable meeting after the amendment is proposed. The planning commission shall, within 10 days after the hearing, recommend to the city council approval, disapproval or conditional approval of the proposed amendment. After receiving the recommendation of the planning commission, the city council shall hold a public hearing as provided in PRMC 18.110.020(2) and 18.110.030 on the proposed amendment before making a decision. Findings of fact upon which the decision was made shall be made a part of the record. [Ord. 514 § 12.42, 2001].
18.110.060 Record of amendments.
The city shall maintain a record of amendments to the text and maps of this title in a form convenient for use by the public. [Ord. 514 § 12.43, 2001].
18.110.070 Limitation on reapplications.
No application for an amendment to the text of this title or to a zone boundary shall be considered within the one-year period immediately following a previous denial of such request, except the city council may permit a new application if in the opinion of the planning commission new evidence or a change of circumstances warrants it. [Ord. 514 § 12.44, 2001].
18.110.080 Time limit on final action.
Within 120 days of submission of an application for a development permit, minor conditional use, major conditional use, minor variance, major variance, or amendment, the city shall have rendered a final decision. An application shall be considered submitted when the city recorder or zoning administrator certifies that the application is complete and meets the requirements of this title for submitting an application. [Ord. 514 § 12.50, 2001].
18.110.090 Form of petition and application.
Petitions and applications provided for in this title shall be made on forms prescribed by the city. Applications shall be accompanied by a written justification explaining how the request meets the requirements of this title, and by plans and specifications, drawn to scale, showing the following:
(1) Actual shape and dimensions of the site.
(2) The size and location of all existing and proposed structures.
(3) Existing land forms and land uses in the surrounding area.
(4) Relative size and location of major arterial and local roads.
(5) Access points adjoining streets and areas designated for off-street parking and loading.
(6) Proposed road and lot layout.
(7) Location of water and sewer lines, or extensions of necessary community facilities.
(8) Such other information as needed in order to determine conformance with this title, including but not limited to the list of surrounding property owners if the applicant is required to provide the list. [Ord. 514 § 12.60, 2001].
18.110.100 Appeals.
(1) An appeal from the ruling of the city recorder or zoning administrator regarding a requirement of this title may be made only to the planning commission and must be made 15 days from the date of the decision.
(2) An action or ruling of the planning commission pursuant to this title may be appealed to the city council within 15 days after the planning commission has signed its findings of fact and conclusions of law. If the appeal is filed, it shall be in writing, stating the reasons for appeal pursuant to the requirements of this title. The city council shall receive the written findings of the decision and the minutes from the planning commission hearing and shall hold a public hearing on the appeal. The planning commission report shall be read into the record of the public hearing. The council may amend, rescind, affirm or remand the action of the planning commission. [Amended during 2011 codification; Ord. 514 § 12.70, 2001].
18.110.110 Filing fees.
An application required by this title shall be accompanied by a filing fee in the amount as established by resolution of the city council. A filing fee under this title may be waived by the city council where strict application of this title would result in the payment of a double fee for a single event. [Ord. 514 § 12.80, 2001].