Chapter 19.85
PROCEDURE FOR AMENDMENTS TO THE ZONING CODE
Sections:
19.85.020 Planning commission review.
19.85.040 Quasi-judicial hearing procedure.
19.85.010 Scope.
This procedure shall be followed for all amendments to the zoning code whether quasi-judicial or legislative. (Ord. 1555 § 30, 2009).
19.85.020 Planning commission review.
The planning commission shall review each change, addition or deletion to the zoning code. A public hearing shall be held by the planning commission for each proposal. After a decision, their findings, recommendations, transcripts and evidence thereon shall be transmitted to the city council for their action. (Ord. 1555 § 30, 2009).
19.85.030 City council.
(1) After receipt of the recommendations of the planning commission, the city council shall consider the recommendation. The council may adopt or remand the recommendations without holding an additional public hearing.
(2) If a majority of the city council, excluding absentees and persons excluded by reason of conflict of interest and appearance of fairness wish to consider any change to the recommendation, the council shall set a public hearing on the matter. The city council, after hearing, may approve, deny, subject approval to conditions or remand for further action by the planning commission. (Ord. 1555 § 30, 2009).
19.85.040 Quasi-judicial hearing procedure.
The following procedures shall only apply to amendments of the zoning code which are quasi-judicial in nature:
(1) Notice. Notice shall be provided as required by OHMC 18.20.380(5);
(2) Hearing Body. The planning commission shall act as the hearing body for map or text amendments. The city council may elect to hold another hearing as provided under state law;
(3) Presiding Officer. The chairperson of the planning commission shall be the presiding officer and shall have authority to regulate all matters of hearing procedure including admissibility of evidence, the terms and duration and order of speakers; provided, the hearing body may overrule a decision of the presiding officer by a simple majority vote of members present and available to vote;
(4) Witnesses. All witnesses shall be sworn;
(5) Exhibits. To be considered, an item, map, document, letter, written material or photograph must be entered into the record as an exhibit. Exhibits to the extent possible shall be provided to the recording officer prior to the meeting;
(6) Notice. The hearing body may take notice of those items which a court may take judicial notice of;
(7) Order of Presentation.
(a) First, the staff shall describe the nature of the proposal and make other comments relevant to the matter including the relevant SEPA analysis, if any;
(b) Second, the proponent shall present fully its case for establishing the change proposed;
(c) Third, opponents and citizens shall be given an opportunity to provide input;
(d) Fourth, if necessary, each side will be allowed an opportunity to provide rebuttal. The presiding officer may regulate as he or she deems proper;
(e) Fifth, argument may be allowed;
(8) Examination. Cross-examination shall be allowed after a witness has testified, provided the council member or planning commission member may reserve any or all questioning until after presentation of witnesses and argument. There is no right of rebuttal to matters brought up in council or commission questioning;
(9) Discussion. Discussion by the hearing body shall be conducted in public but may be in a room separate from the hearing room. Only those matters made a part of the record shall be considered by the hearing body in reaching its decision. It shall make written findings with its decision and may assign to a proponent or an opponent the job of completing the proposed finding. If exception by a party is taken to a finding, that exception shall be made in writing and presented to staff before the hearing at which they are considered;
(10) Reconsideration. Reconsideration of a vote may be had at any time prior to ratification of an ordinance of final adoption of findings and/or minutes terminating a matter;
(11) Procedures prescribed herein are directory and variances therefrom shall not result in invalidation of an action taken. (Ord. 1555 § 30, 2009).