Chapter 20.20
HEARINGS AND APPEALS
Sections:
20.20.010 Town council action without public hearing.
20.20.020 Town council action with public hearing.
20.20.030 Procedures for public hearings.
20.20.050 Appeal of council decision.
20.20.010 Town council action without public hearing.
The council shall take the following action without a public hearing or, at its discretion, subsequent to a public hearing:
A. Appeal of administrative interpretations under FHMC 20.08.020(B);
B. Appeal of administrative approvals or denials under FHMC 20.16.010(B) and (C); and
C. Appeal of SEPA actions, as provided in Chapter 18.04 FHMC as amended from time to time. (Ord. 1219 § 5, 2003; Ord. 1119 § 18, 1999)
20.20.020 Town council action with public hearing.
On all matters set forth in FHMC 20.08.030, the following procedures shall apply:
A. Staff Report. The permit coordinator shall prepare a staff report, summarizing the relevant facts pertaining to the property, the neighborhood, and the project, outlining the applicable code and comprehensive plan provisions, and setting forth the comments of affected town departments or other affected local, state or federal agencies. The report shall contain a recommendation for action by the council and shall be forwarded to the administrator, who shall schedule the matter for public hearing before the council.
B. Notice of Public Hearing. Notice of a public hearing shall be given as follows:
1. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under the development code shall be made by:
a. Publication for two consecutive weeks in a newspaper of general publication, the first of which shall be at least seven days before the date of the public hearing; and
b. Mailing at least seven days before the date of the public hearing to the owners, as shown on the records of the county assessor, of all properties within 300 feet of the boundaries of the property which is the subject of the hearing; and
c. Posting at least seven days before the public hearing in two public places and at least one notice on the subject property.
2. Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.
3. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required.
C. Hearing and Deliberations. The council shall hold a public hearing in order to take testimony for and against the project. At the conclusion of the public hearing the council shall evaluate the project for consistency with the development code and comprehensive plan.
D. Action. The council’s deliberations shall be concluded by a motion, made and approved, for one of the following:
1. Approve the project as recommended in the staff report;
2. Approve the project with additional or modified conditions;
3. Deny the project with prejudice, in which case the matter shall not be resubmitted to the council, except when permitted by law, upon a new application; and
4. Deny the project without prejudice, in which case the applicant and staff shall be given a stated period of time, not to exceed 60 days, in which the applicant may make minor modifications to the project, and then resubmit the application for a new or continued public hearing and further council deliberations. Minor modifications shall mean that the modifications do not:
a. Enlarge the area or scope of the project; or
b. Increase the density or size of the building or other structures; or
c. Significantly increase any adverse environmental impacts.
E. Findings, Conclusions and Decision. Subsequent to, or simultaneously with, the action taken under subsection D of this section, the council shall adopt written findings of fact and conclusions of law. The date of their adoption shall constitute the final decision of the council. Where appropriate, the council shall formalize its decision by passage of a motion, resolution or ordinance on the same date the findings of fact and conclusions of law are adopted. (Ord. 1219 § 6, 2003; Ord. 1119 § 19, 1999)
20.20.030 Procedures for public hearings.
Public hearings shall serve to create or supplement an evidentiary record upon which the council will base its decision. The mayor shall open the public hearing and assure that the following sequence of events is observed:
A. Staff presentation, including submittal of any administrative reports, after which members of the council may ask questions of the staff;
B. Applicant presentation, including submittal of any materials, after which members of the council may ask questions of the applicant;
C. Testimony or comments by the public which are relevant to the project. Questions intended for the staff or the applicant shall be directed only to the mayor and posed to the staff or applicant only at the discretion of the mayor or upon the request of a council member;
D. Rebuttal, response or clarifying statements by the staff and the applicant;
E. Additional testimony or comment, if nonrepetitive, from the public;
F. The public hearing shall be closed and the council shall deliberate in public on the matter before it; and
G. During deliberations the council shall not accept new information from the staff, applicant, or public unless the public hearing has been properly re-opened; provided, however, this shall not preclude a council member from asking the staff to assist them in locating or recollecting evidence already before the council or from obtaining staff assistance on matters or questions of law or procedure. (Ord. 1119 § 20, 1999)
20.20.040 Reconsideration.
The council may reconsider any action taken at the conclusion of its deliberations at any time prior to the adoption of its written findings of fact and conclusions of law. The council may reconsider its adoption of findings of fact and conclusions of law only by a motion duly made and seconded at the same meeting as at which the findings of fact and conclusions of law were adopted, including a continuation of that meeting. (Ord. 1119 § 21, 1999)
20.20.050 Appeal of council decision.
Appeals from decisions of the council shall be as provided for in the code sections applicable to the type of permit or approval involved. (Ord. 1119 § 22, 1999)