A.

Appeal of the administrator's decision. Appeal of a Type I-A or Type I-B action shall be heard by the hearings officer. Findings of the hearings officer on such appeal shall be final unless further appealed to the city council. Appeal of a Type I-C action shall be heard by the planning commission, with appeal to the city council. Findings of the planning commission on such appeal shall be final unless further appealed to the city council. (7/03)

B.

Initial hearing. Land use actions, which require a public hearing by the hearings officer or planning commission under the provisions of this ordinance, shall be initially heard within 60 days of the receipt of an application or appeal. (5/98)

C.

Continuance. The hearings officer or planning commission may continue a public hearing for additional information, testimony or for decision only, to its next regular meeting or to a special meeting. In no instance, however, shall the decision be continued more than 60 days beyond the initial hearing date. (5/98)

D.

Open record. 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. (5/98)

E.

Final decision. The decisions of the hearings officer on applications for Type II actions shall be final unless appealed to the city council pursuant to section 3.207. The decision of the planning commission for Type I-C actions shall be final unless appealed to the city council pursuant to section 3.207. (2/01)

F.

Recommendation. The recommendations of the hearings officer or planning commission on applications for Type III actions shall be referred to the city council for final determination. (5/98)

G.

LUBA appeal requirements. An issue which may be the basis for an appeal to the land use board of appeals (LUBA) may 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 decision authority, and affected parties, an adequate opportunity to respond to each issue. (5/98)

(Ord. No. 2024-878, § 2(exh. B), 7-15-2024)

The public hearings before the hearings officer or planning commission shall be conducted according to hearings procedures adopted by city council resolution. (5/98)

A.

Exclusion. All evidence offered and not objected to may be received unless excluded by the hearings officer or planning commission on its own motion. Evidence may be received, subject to a later ruling as to its admissibility. (5/98)

B.

Testimony. The hearings officer or planning commission may exclude irrelevant, unduly repetitious, immaterial or cumulative evidence; but erroneous admission of evidence by the officer or commission shall not preclude action or cause reversal on appeal unless shown to have substantially prejudiced the rights of a party. Any part of the evidence may be received in written, video or form. (5/98)

C.

Public record. All evidence shall be offered and made a part of the public record in the case. (5/98)

D.

Testimony and rebuttal. All interested persons shall be allowed to testify. Every party is entitled to an opportunity to be heard and to present and rebut evidence. (5/98)

A verbatim record of the proceeding shall be made by written, mechanical or electronic means, which record need not be transcribed except upon review of the record. (5/98)

The hearings officer and planning commission chairman may set consistent, reasonable time limits for oral presentations to the end that parties are encouraged to submit as much evidence as possible in writing prior to the hearing. (5/98)

All exhibits received shall be marked so as to provide identification upon review. The city shall retain such exhibits. (5/98)

As used herein, the term "hearings officer" shall also apply to referee under KDC 3.115 and KDC 3.116, except where the process is described differently elsewhere in this code or state law. (6/22)