§ 17.64.090. Public hearing notice and procedure

A. The notice of public hearing provided or mailed to the applicant and to owners of property entitled to receive notice shall:

1. Explain the nature of the hearing and the proposed use or uses which could be authorized;

2. List the applicable criteria from this title and the comprehensive plan that apply to the application;

3. Set forth the street address or other geographical reference to the subject property;

4. State the date, time, and location of the hearing;

5. State that failure of an issue to be raised in a hearing, either in person or by letter, or failure to provide statements or evidence sufficient to afford the decision making body an opportunity to respond to the issue precludes an appeal to the state land use board of appeals based on that issue;

6. Include the name and telephone number of the city staff person who can provide additional information;

7. State that the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at city hall at no cost, and a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing, and that these materials will be provided at a reasonable cost;

8. Include an explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

B. At the commencement of a public hearing, a statement shall be made to those in attendance that:

1. Lists the applicable criteria;

2. States that testimony, arguments and evidence must be directed toward the criteria which applies to the decision or other criteria in the plan or land use regulation which the person testifying believes to apply to the decision; and

3. States that failure to raise an issue accompanied by arguments, statements or evidence sufficient to afford the decision maker and the parties involved in the case an opportunity to respond to the issue precludes appeal to the state land use board of appeals based on that issue.

C. All documents or evidence relied upon by the applicant shall be submitted to the city and be made available to the public at the time the mailed notice of the public hearing is provided.

D. Any staff report used at the hearing shall be available at least seven days prior to the hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the one hundred twenty-day time limit as specified in Section 17.64.100 of this chapter.

E. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the one hundred twenty-day time limit as specified in Section 17.64.100 of this chapter.

F. When the record is reopened to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

G. An issue which may be the basis for an appeal to the state land use board of appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the city. Such issues shall be raised with sufficient specificity so as to afford the city council or planning commission and the parties an adequate opportunity to respond to each issue.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 344 § 3, 2007: Ord. 273 § 10.071, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 369, § 13, 8-13-2013)