Siletz City Zoning Code

This chapter shall govern the conduct of hearings held by the City Council and the Planning Commission. All hearings shall be at the time and place specified in the notice. Hearings shall be before the approving authority as defined in Section 2.04.040 and Title 17 of this Code. All actions that have the City Council as the approving authority, with the exceptions of withdrawals, shall first be referred to the Planning Commission for review and recommendation. Any other matters coming before the approving authority for hearings may be governed by any and/or all of these rules at the discretion of the City Council or Planning Commission.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

A.

The approving authority, in conducting a hearing involving a land use action, is acting in an administrative, quasi-judicial capacity, and all hearings shall be conducted accordingly. Parties to the hearing are, therefore, entitled to notice of hearing, if required by charter, ordinance or statute, and opportunity to be heard, to present and rebut evidence, to have proceedings recorded and to have a decision based on evidence supported by findings of fact and supporting information in sufficient specificity so as to afford the approving authority an adequate opportunity to respond to each issue as a part of that record.

B.

Conduct of Participants. Proceedings shall at all times be orderly and respectful. The presiding officer may refuse to recognize or may exclude from the hearing anyone who:

1.

Is disorderly, abusive or disruptive of the orderly conduct of the hearing;

2.

Takes part in or encourages audience demonstrations such as applause, cheering, display of signs or other conduct disruptive to the hearing;

3.

Testifies without first receiving recognition from the presiding officer and stating their full name and residential address;

4.

Speaks more than once without obtaining permission from the presiding officer at the first available opportunity;

5.

Presents irrelevant, immaterial or unduly repetitious testimony or evidence.

a.

Reports and documents prepared by or on behalf of the City of Siletz shall be deemed relevant, material and competent unless objected to by any interested party with good cause and at the first available opportunity.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

No person, whether or not such person might have right to notice at the time any matter or action might be considered in the course of any hearing, appeal or other deliberative proceedings, shall have standing for appeal or for participating in any appeal unless such person made an appearance of record in the initial proceedings. "Appearance of record" means either appearance in person or in writing. Appearance of record may be made by any person with an interest in the proceedings or their lawful representative. All written appearances must be filed with the City Recorder prior to the closing of the public hearing.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

A.

Challenge. Proponents and opponents are entitled to an impartial tribunal that judge land use actions. A proponent or opponent may, therefore, challenge the qualifications of a member of the approving authority to participate in the hearing and/or decision. The challenge must state facts in writing, affidavit, relied upon by the submitting party relating to the person's bias, prejudgment, personal interest or other facts from which the party has concluded that the member of the approving authority may be unable to participate and make a decision in an impartial manner.

1.

Such written challenge must be delivered by personal service to the City Recorder and the member whose qualification is challenged not less than forty-eight hours preceding the time set for the public hearing.

2.

Such challenge shall be incorporated into the record of the hearing.

B.

Disqualification. No member of the approving authority shall participate in discussion of an application or vote on an application for any land use action when any of the following conditions exist:

1.

Any of the following has a direct or substantial financial interest in the proposal: the member or his/her spouse, brother, sister, child, parent, father-in-law, mother-in-law, aunt, uncle, niece, nephew;

2.

The land use action involves a business in which the member is directly associated or has served within the past two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;

3.

The member owns property within the area entitled to receive notice of the decision;

4.

For any other reason, the member has determined that participation in the decision cannot be in an impartial manner.

C.

Disclosure of Potential Conflict of Interest. Whether or not a member of the approving authority is disqualified, any member or employee of the City who has a financial or other private interest shall, for the record, disclose any potential conflict of interest as required by State law prior to participating in discussion with or give an official opinion to the approving authority.

D.

Ex Parte Contacts. Approving authority members shall reveal any significant prehearing or ex parte contacts, including site visits, with regard to any matter at the commencement of the first public hearing following the communication where action will be considered or taken on the matter. Parties to a hearing shall have the right to rebut the substance of an ex parte contact.

E.

Rights of Disqualified Members of the Approving Authority. Not withstanding any provision of this or any other rule:

1.

An abstaining or disqualified member shall be counted if present for purposes of forming a quorum.

2.

A member may represent himself, a client or any other member of the public at a hearing provided he/she:

a.

Abstains from voting on the proposal;

b.

Vacated the seat on the approving authority, and physically joins the audience;

c.

Makes a full disclosure of his/her status and position at the time of addressing the approving authority.

3.

If all members of the approving authority abstain or are disqualified, all members present, after stating their reasons for abstention or disqualifications, shall be requalified and proceed to hear the issues and make a decision.

4.

A member of the approving authority absent during the presentation of evidence in a land use action meeting may not participate in the deliberations or final decision regarding the matter of the meeting unless the member has reviewed all the evidence in the record to date including audio tapes of prior meetings.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

This section shall govern the conduct of all public hearings before an approving authority.

A.

Presiding Officer.

1.

The Mayor or President of the Planning Commission shall be the presiding officer at all hearings. In his/her absence the approving authority shall designate one of its members to act as presiding officer at the hearing.

2.

The presiding officer of the approving authority shall have authority to:

a.

Regulate the course and decorum of the meeting;

b.

Dispose of procedural requests and similar matters;

c.

Rule on offers of proof and relevancy of evidence and testimony;

d.

Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation, questions and rebuttal testimony;

e.

Question any person appearing, and allow other members to question any such person;

f.

Waive the application of any rule herein where the circumstances of the hearing indicate that it would be expedient and proper to do so, provided that such waiver does not act to prejudice or deny any party substantial rights as provided herein or otherwise by law;

g.

Take such other action as authorized by the approving authority to appropriately conduct the hearing;

B.

Nature of Hearing. All parties participating in a public hearing shall have an opportunity to be heard, to present and rebut evidence before an impartial tribunal, to have the proceedings recorded, and to have a decision rendered in accordance with the facts on record and the law.

C.

Challenge of Ruling. A ruling of the presiding officer may be challenged by any member of that approving authority present at the hearing. The challenge must be seconded. A ruling may be reversed by a majority of the members present and voting. A tie vote upholds the presiding officer's decision.

D.

City Cross-Examination. The presiding officer, members, and with the approval of the presiding officer, the City Attorney and any other officer or employee of the City may question and/or cross-examine any person who testifies.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

A.

Burden of Proof. The burden of proof is upon the proponent. The more drastic the change or the greater the impact of proposal in the area, the greater is the burden of proof upon the proponent.

B.

Proposal Documentation and Support. The requested proposal must be documented and/or supported by proof that:

1.

It conforms to the comprehensive plan for the City of Siletz, as now or hereafter constituted, and any other special plan for the area involved;

2.

It conforms to all applicable City Charter and ordinance requirements;

3.

There is a public need for the proposal;

4.

The public need will be best served by granting the proposal:

a.

If the proposal is for a zone change, proof must be submitted that the public need will be best served by changing classification of the particular piece of property in question as compared with other available property;

5.

If other areas have been previously designated for a use or development submitted in the proposal, there is a necessity for introducing the proposal into an area not previously contemplated and that the property owners there should bear the burden, if any, of introducing that proposal into their area.

C.

Relevant Criteria and Factors. The following criteria and factors are deemed relevant and material and shall be considered along with other factors deemed relevant by the approving authority in reaching its decision on a proposal:

1.

Mistake in the original zoning ordinance;

2.

Change of conditions within the immediate neighborhood in which the use or development is proposed;

3.

All factors pertinent to the preservation and promotion of the public health, safety and general welfare, including but not limited to the character of the area involved, its peculiar suitability for particular uses, the conversation of property values and the direction of building development.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

The presiding officer shall conduct the hearing in an orderly fashion, within the guidelines set forth herein. The hearing shall proceed in the following manner:

A.

Open Public Hearing. The presiding officer shall open the public hearing and proceed as follows:

1.

Announce the nature and purpose of the hearing;

2.

Identify the applicant, describe the general nature of the proposal and state the applicable substantive criteria by which the application is being judged;

3.

State that testimony and evidence must be directed toward the criteria described above or other criteria in the comprehensive plan and its implementing ordinances which the person believes to apply to the decision;

4.

State that failure to raise an issue with sufficient specificity to afford the approving authority and the parties an opportunity to respond to the issue precludes an appeal based on that issue.

B.

Call for Abstention.

1.

The presiding officer shall call for any conflicts of interest, ex parte contacts or site visits by members of the approving authority and inquire of the approving authority if any member thereof wishes to abstain from participation in the hearing. The member abstaining shall identify the reasons for abstaining and shall not participate in discussion of, or vote on, the proposal.

2.

Any member of the approving authority whose participation has been challenged may make a statement in response thereto, or in explanation thereof, for the record, and state his decision to participate in the hearing. This statement shall not be subject to cross-examination except upon consent of that member, but shall be subject to rebuttal by the proponent or opponent, as appropriate.

C.

Call for Objections to Jurisdiction.

1.

The presiding officer shall inquire of the audience whether there are any objections to the jurisdiction of the approving authority to hear the matter and if such objections are received, conduct further inquiry as necessary to determine the question.

2.

The presiding officer shall terminate the hearing if his inquiry results in substantial evidence that the approving authority lacks jurisdiction or the procedural requirements of this chapter were not met.

3.

Any matter thus terminated shall, if the defect can be remedied, be rescheduled by the approving authority.

D.

Staff Report. The staff report shall summarize the nature of the proposal, explain any graphic or pictorial displays which are a part of the record, summarize the findings and decision of the Planning Commission if the matter is being considered by the Council and provide other information as may be requested by the approving authority. The presiding officer may request the City Recorder, or other employee, to perform this duty.

E.

Proponent's Testimony. The presiding officer shall call for presentation of the case from the applicant/proponent. Testimony shall then be heard from persons in favor of the proponent's proposal.

F.

Opponent's Testimony. The presiding officer shall call for testimony from any person objecting to the application in the following order:

1.

Special organizations formed for the purpose of opposition, or other groups represented by Counsel or a spokesperson;

2.

Persons who received or who were entitled to receive notice of the hearing and are presumed to have an interest in the proposal;

3.

Persons who did not receive, or who were not entitled to receive, notice of the hearing.

G.

Opponent Cross-Examination. The presiding officer, upon recognition, shall allow the proponents to submit questions to the opponents who have testified. Opponents shall be given a reasonable time to respond solely to these questions.

H.

Public Agency Testimony. The presiding officer shall allow representatives of any City, State agency, regional authority, or municipal or quasi-municipal corporation existing pursuant to law to present testimony.

I.

Proponent Rebuttal. The presiding officer shall call for rebuttal from the applicant. Testimony will be limited to evidence raised by the opponents.

J.

Close Hearing. The presiding officer shall close the public hearing and state that no further testimony will be received by the approving authority.

K.

Deliberation by Approving Authority. The approving authority shall consider the evidence before it in open discussion. The approving authority may ask proponents or opponents for clarification on a matter, but, if they choose to do so, the other side must be given opportunity to rebut.

L.

Adoption of Findings of Fact. The approving authority shall adopt findings of fact that support their decision. If there are no findings available to support their decision, the approving authority shall call for the preparation of findings of fact by the proponent, opponent, staff or any combination of each to be presented at the next regularly scheduled meeting. If mutually agreed upon, findings of fact may be presented at a future meeting other than the next regularly scheduled meeting. With the consent of the proponent, the one-hundred-twenty-day time limit for a decision shall be waived.

M.

Decision. The approving authority shall make a decision supported by the findings of fact. A final order shall be prepared to reflect that decision. The presiding officer of the approving authority shall sign the final order before it becomes final.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

A.

The approving authority may take notice of the following:

1.

All facts which are judicially noticeable;

2.

The charter, ordinances, resolutions, rules, regulations and official policies (if written) of the City of Siletz.

B.

Matters officially noticed need not be established by evidence and may be considered by the approving authority in the determination of the proposal.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

The presiding officer shall cause a record of proceedings to be established as follows:

A.

The City Recorder, or a designee of the presiding officer, shall be present at each hearing and shall cause the proceedings to be recorded. It shall not be necessary to transcribe testimony unless required for judicial review or ordered by the approving authority.

B.

The presiding officer shall, where predictable, cause to be received all physical and documentary evidence presented. Evidence shall be marked to show the identity of the person offering same and whether presented on behalf of the proponent or opponent. Unless evidence is capable of being offered and incorporated into the record of the case, it shall not be received. All exhibits received into evidence shall be retained by the City until after any applicable appeal period has expired, at which time the exhibits may be released upon written demand to the person identified thereon.

C.

Any member of the public shall have access to the record of proceedings at reasonable times, places and circumstances. Any member of the public shall be entitled to copies of the record at their own expense.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

Rules outlining the City of Siletz's procedure for the conduct of public hearings shall be:

A.

Placed on record with the City Recorder;

B.

Posted in full view within City Hall and reference to same shall be made in all required notices relating to public hearings;

C.

Available at all Council Meetings and a copy shall be available to the public at a charge of three dollars.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)

Any rule of procedure not required by law or the City Charter may be amended, suspended or repealed at any hearing by a majority vote of those Council members present and voting.

(Ord. 143 § 1 (part), 1992: Ord. 106 § 10.045 (part), 1987)