The provisions of this chapter shall apply to all public hearings and to all appeal hearings under this title. The provisions of this chapter do not apply to the adoption or amendment of the comprehensive plan or development regulations, or other legislative decisions.

(Ord. 541 § 1 (part), 1999)

A.

When a Type 3, 4, or 5 decision has been set for public hearing, or an appeal of a Type 2 decision has been set for an open record appeal hearing, the department shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the department's findings and recommendation, or decision, as appropriate. Attachments and appendixes to the report need not be mailed to parties, but shall be made available for inspection and copying during normal town business hours at the department. Prior to the scheduled hearing, the report, and in the case of appeals, the notice of appeal submitted to the town, shall be filed with the hearing body which will conduct the hearing and copies thereof shall be mailed to all parties of record who have requested a copy thereof.

B.

If the notice of application did not identify a date for the public hearing, the department shall issue a notice of hearing at least ten days prior to any public hearing or open record appeal hearing under this chapter. Such notice shall be mailed pursuant to DMC Section 17.104.120 and the posted notice erected pursuant to DMC Section 17.104.110 shall be modified to include the notice of hearing.

C.

All required notices of hearing shall contain the following information:

1.

The file number;

2.

The name of the applicant and the owner of the property, if different than the applicant;

3.

A description of the project, the location, a list of the permits included in the application and the location where the application, staff report and any environmental documents or studies can be reviewed;

4.

The date, time and place of the public hearing;

5.

The name and telephone number of the department staff person who can be called for further information.

(Ord. 541 § 1 (part), 1999)

Public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions shall be scheduled by the department to ensure that final decisions are issued within the time periods provided in DMC Section 17.104.130.

(Ord. 541 § 1 (part), 1999)

To avoid unnecessary delay and to promote efficiency of the hearing process, the hearing body shall limit testimony to that which is relevant to the matter being heard, in light of adopted town policies and regulations, and shall exclude evidence and cross examination that is irrelevant, cumulative or unduly repetitious. The hearing body may establish reasonable time limits for the presentation of direct oral testimony, rebuttal testimony and argument.

(Ord. 541 § 1 (part), 1999)

A.

Any hearing body conducting a public hearing shall have the authority to approve, deny or approve with conditions a project permit application, based on the hearing body's findings of fact and conclusions.

B.

Said findings and conclusions shall set forth and demonstrate the manner in which the action is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the town's comprehensive plan, the town's development regulations and other applicable official laws, ordinances, rules and regulations. Any hearing body may adopt as its own, findings and conclusions recommended by the department. The city council may adopt as its own all or portions of board of architectural review and planning commission's findings and conclusions regarding Type 4 decisions.

C.

In the event that a hearing body determines that it lacks adequate information on which to make findings of fact necessary to its decision, the hearing body may remand the project permit to the department for additional information, provided that if the city council, in the case of a Type 4 closed record appeal hearing, determines that it lacks adequate information on which to make findings of fact necessary to its decision, the city council shall remand the project permit to the board of architectural review or planning commission with instructions to re-open the public hearing to take additional testimony and provide the board of architectural review or planning commission's findings on the factual issue(s) identified by the city council as requiring such additional information.

(Ord. 541 § 1 (part), 1999)

If requested to do so by the applicant, the department, pursuant to RCW 36.70B.110(7), shall combine any public hearing held pursuant to this chapter with public hearings held by other agencies on the same project, so long as such joint hearing can be held within the time limits of DMC Section 17.104.130, unless the applicant agrees to a different hearing schedule.

(Ord. 541 § 1 (part), 1999)