PUBLIC HEARING PROCEDURES
Sections:
20.24.010 Setting of the hearing.
20.24.020 Examination of and copying of documents.
20.24.030 Conduct of hearing.
20.24.040 Record of proceedings.
20.24.050 Continuance of proceedings.
20.24.060 Additional rules.
20.24.070 Rehearing procedures.
20.24.010 Setting of the hearing.
When the director determines that a development permit application is
complete and that a public hearing is required by this title, the official
shall select a place, date and time for the required hearing, and prepare
notice of the hearing pursuant to chapter 20.20. The hearing shall be held
as provided by law, except where a written request for extension has been
submitted by the applicant and the extension is granted by the appropriate
body, or staff requested the continuance with the consent of the applicant.
(Ord. 763, 1996; Ord. 501, 1989; Ord. 400, 1982)
20.24.020 Examination of and
copying of documents.
At any time, upon reasonable request, any person may examine the application
and materials submitted in support of or in opposition to an application for
a development permit. Copies of any material will be made available at cost
to the extent permitted by law. (Ord. 763, 1996)
20.24.030 Conduct of hearing.
A. Any person or persons may appear at a public hearing and submit evidence,
either individually or as a representative of an organization. Each person
who appears at a public hearing shall state his or her full name, and if appearing
on behalf of an organization, state the name and mailing address of the organization
for the record.
B. The hearing body may exclude testimony or evidence that it finds to
be irrelevant, immaterial or unduly repetitious. Any person appearing as a
witness may ask relevant questions of other persons appearing as witnesses,
but shall do so only through the chairman of the body conducting the hearing
and at the chairman’s discretion. (Ord. 763, 1996)
20.24.040 Record of proceedings.
A. The body conducting the hearing shall record the proceedings by any appropriate means and prepare written summary of
the minutes. Upon written request and payment of a fee set by resolution, the clerk of the body conducting the hearing shall
duplicate the audio record or written summary of minutes.
B. The official record of the hearing shall include testimony and statements of personal opinions, the minutes of the meeting,
all applications, exhibits and papers submitted and any proceeding before the body, all staff and advisory body or commission reports
and recommendations, and the decision and reports of the body.
C. All records of the body shall be public records, open for inspection
at reasonable times and upon reasonable notice. (Ord. 763, 1996)
20.24.050
Continuance of proceedings.
The body conducting the hearing may, on its own motion or at the request
of any person, for good cause, continue the hearing to a fixed date, time and
place. The applicant must agree to the continuance when the time limit
for the application provided by law would otherwise lapse.
An applicant has have the right to one continuance upon payment of the established fee and, if required, the cost for additional notice. All subsequent continuances may be granted at the discretion of the body conducting the hearing only upon good cause shown, and upon payment of applicable fees.
If
the hearing is continued to a fixed date with 35 days of the original hearing
date, additional notice is not required. For all other continuances, additional
notice is required in the manner required for the initial hearing. The
county will prepare the notice and the party requesting the continuance must
pay the costs. (Ord. 1024, 2002; Ord. 763, 1996; Ord. 608, 1993; Ord.
607, 1993)
20.24.060 Additional rules.
All matters pertaining to the public hearing shall be governed by other
provisions of this code applicable to the body conducting the hearing and its
adopted rules or procedures, as long as they are not in conflict with this title.
The body conducting the hearing may adopt rules of procedure to limit the number
of applications for development approval which may be considered per meeting
and the time for each presentation. (Ord. 763, 1996)
20.24.070 Rehearing procedures.
A. All requests for rehearing shall be filed in writing with the secretary
of the hearing body within five days of the date the decision was rendered and
shall set forth justification for such request for rehearing.
B. An application for rehearing may be granted by the affirmative vote
of a super-majority of the members of the hearing body upon a finding that there
appears to be evidence to substantiate the grounds identified in subsection
C below.
C. An application for rehearing shall be granted only if the applicant
demonstrates that the record of the proceedings should be expanded to consider
evidence that is material to the decision on the application; that such evidence
was not available or could not be presented due to circumstances beyond the
applicant’s control at the original hearing; and that there is a reasonable
probability that the evidence, when considered by the hearing body, may lead
to a different decision. (Ord. 763, 1996; Ord. 641, 1994; Ord. 613, 1993)
