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HomeMy WebLinkAbout1978-38 Land Use Hearing Rules for Quasi-Judicial Hearings CITY OF ASHLAND RESOLUTION NO. 78-.3 I ANQ IISF 1IFAR I NG RUI FS PAGE A RESOLUTION OF THE CITY OF ASHLAND ADOPTING LAND USE HEARING RULES FOR CONDUCT OF QUASI-JUDICIAL HEARINGS BEFORE THE CITY SECTION I. SCOPE OF RULES 1 COUNCIL AND PLANNING COMMISSION. SECTION 2. PARTIES - DEFINITIONS I WHEREAS, Oregon Revised Statutes 227.170 requires that each City adopt SECTION 3. NATURE OF HEARING I rules of procedure for conduct of land use hearings; and, SECTION 4. REQUEST FOR HEARING 2 WHEREAS, It is in the public interest to have hearings procedures clearly set forth so that all parties are treated fairly and consis- SECTION 5. PRESIDING OFFICER 2 tently; SECTION 6. CONDUCT OF PARTICIPANTS 3 NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 7. BURDEN OF PROOF 3 SECTION 8. NATURE OF PROOF 4 The City of Ashland Land Use Hearing Rules shall govern the SECTION 9. DISCLOSURE RULE 4 conduct of all quasi-judicial land use hearings before the City Council and Planning Commission, and shall be available for public inspection at SECTION 10. NOTICE REQUIREMENTS 4 each hearing, and in the offices of the City Planning Department. SECTION ll. RULES OF EVIDENCE 6 SECTION 12. ORDER OF PROCEDURE 6 a. Commencement b. Objections to Jurisdiction c. Abstentions d. Planning Director's Report e. Proponents Case - Cross Examination f. Opponents Case - Cross Examination g. Final Discussion - Summation SECTION 13. FINAL DECISION 7 SECTION 14. RECORD OF PROCEEDINGS 8 SECTION 15. REVIEW BY CITY COUNCIL 8 SECTION 16. PUBLICATION OF RULES 10 CITY OF ASHLAND LAND USE HEARING RULES SECTION I. SCOPE OF RULES SECTION 4. REQUESTS FOR HEARING These Rules shall govern the conduct of all Land Use Hearings before the City of Ashland City Council and Planning Commission, in which legal rights, I. A hearing as provided herein shall only be initiated in the following duties or privileges of specific parties are determined, including all manner: hearings related to changes in the Comprehensive Plan, Zoning Ordinance, a. By Order of the City Council whether at their Subdivision Ordinance, or other implementation measure text or maps, conditional use permits, zoning variances, partition and subdivision own initiation or at the request of an interested approvals, non-conforming uses, and all other matters coming before the party. Commission or Council for hearing which the presiding officer finds to be b. By majority vote of the Planning Commission. of a quasi-judicial nature. C. By application of the Owner or Cori i rdct-Purchaser of the property which is the subject of the Application. SECTION 2. DEFINITIONS 2. Action for a hearing initiated by an Applicant shall be in writing, filed with the Planning Director; on forms prepared by him/her and As used herein, "Council" shall mean the City of Ashland City Council; shall contain such information as is required by the City of Ashland "Commission" shall mean the City of Ashland Planning Commission and/or Zoning Regulations, and such additional information as the Director its appointed Hearings Board; "Member" shall mean a member of either deems necessary to inform the Commission or Council as to the nature said Council or Commission; "Applicant" shall mean the property owner, of the action applied for. contract purchaser, or his/her attorney or authorized agent submitting a land use application; "Proponent" shall mean a person in favor of the 3. With respect to actions to be initiated by an Applicant, the proposal or his/her attorney or authorized agent; "Opponent" shall mean Applicant may meet and confer with the Planning Director or a person opposed to the proposal, or his/her attorney or authorized agent; his/her authorized representative in a Pre-Application "Hearing" means a quasi-judicial proceeding to hear a case before the Conference at which time views may be exchanged on all Council or Commission. matters relative to the application. However, in no event shall any representation or conclusion rendered at such conference by the Planning Director or his/her authorized representative SECTION 3. NATURE OF HEARING be construed as an expression of final authority, or a final policy determination with respect to the application, and 1. Land Use Hearings conducted pursuant to these Rules are quasi-judicial the Applicant shall not be entitled.to rely thereon in lieu administrative determinations and shall be conducted accordingly. This of formal Application and Hearing as provided herein. means that at least the following conditions apply: All applicants are entitled to Notice of Hearing, to an opportunity to be heard, to present and rebut evidence before an Impartial Tribunal, to have the SECTION 5. PRESIDING OFFICER proceedings recorded, and to have a decision rendered in accordance with the facts on record and the law. I. The Presiding Officer of the Council and Commission, with the consent of the Council or Commission shall have authority to: a. Regulate the course and decorum of the meetings. b. Dispose of procedural requests or similar matters. c. Rule on offers of proof and relevancy of evidence. Land Use Hearing Rules - I Land Use Hearing Rules - 2 d. Impose reasonable limitations on the number of witnesses heard SECTION 8. NATURE OF PROOF and set reasonable time limps for oral presentation, cross examination, and rebuttal testimony. I. The decision of the Council or Commission shall be based upon e. Question any person appearing, and allow other Members to substantial evidence supported by the record, such evidence to question any such person. be in accord with State and local law and criteria for approval. f. Waive, in his/her discretion, 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 SECTION 9. DISCLOSURE RULE waiver does not act to prejudice or deny any party his/her substantial rights as provided herein or otherwise by law. I. Members of the Council or Commission may disclose pre-hearing g. Take such other actions as authorized by the Council or Commis- contacts or conflict of interest which could prejudice their sion to appropriately conduct the Hearing. decision. 2. Members of the Council or Commission who disclose contacts SECTION 6. CONDUCT OF PARTICIPANTS or conflicts as noted in Item I above, and who deem their impartiality impaired with regard to any individual or Proceedings shall at all times be orderly and respectful. No person matter before them for determination, shall abstain (in shall be heard until he/she states his/her name, address and basic the case of a Councilperson with Council approval) from further interest in the proceedings. The Presiding Officer may terminate the discussions as a Council or Commission member, or voting Hearing when necessary or refuse to recognize anyone who: on that proposal. a. Is disorderly, abusive, or disruptive. SECTION 10. NOTICE REQUIREMENTS b. Takes part in or encourages audience demonstrations, such as applause, cheering, display of signs, or other I. Notice of -the initial hearing before the Planning Commission shall conduct disruptive of the Hearing. contain -the following information: c. Testifies without first receiving recognition from the Presiding Officer and stating his/her full name and 9 9 a. The date, time and place of The Hearing. residence address. b. A description of the subject property, reasonably calculated d. Presents irrelevant, immaterial, or repetitious to give Notice as to its ac'lual location, and for -the purpose evidence. of this section shall include, but not be limited to, metes and bounds description, or the tax lot designations of the County Assessor's Office. SECTION 7. BURDEN OF PROOF c. The nature of the proposed actions. d. A Notice thal* all interested persons may appear to be heard. The burden of proof shall be on the Applicant. The degree of proof e. A Notice that the hearinq shall be conducted pursuant to the required shall vary depending upon the nature of the proposal and its Land Use Hearing Rules adopted by the Council. impact on the community. 2. Where the application is made for a change of zone classification, the Planning Director shall have the discretion to include within the Notice of Hearing, -that the Planning Commission may consider a zone classification other than tha-l for which the Application is made, provided that the alternate classification is of a more re- strictive nature. Lind Uso Hearing Rules - 3 Land Use Hearing Rules - 4 3. Notices shall be sent by mail at least ten (10) days prior to the e. The hearing may be continued from time to time as necessary to c_ initial hearing (except for changes in the text and maps of the gather additional information nn -iho Application, and no addi - ComprohonsIvo P I un, ion i ny Orel i rxMco, Subd 1 v I s I on 01.d I nL)HCLJ', I.Wd 1 i ona I No l I co nutuJ ho ri I vor1 uri I uss Aso ordurud by (ho Council other implementation measures, in which case thirty (30) days notice or Commission; provided however, that if the proposal is tabled shall be given), to the following persons: without a date and time certain, i'hat additional Notice as origin- ally required herein shall be necessary. a. The Applicant. b. In all actions involving changes in the text or maps of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, or SECTION ll. RULES OF EVIDENCE other implementation measures, notice shall be given to all property owners or contract purchasers of record, and all renters I. All evidence received by the Presiding Officer shall be made a part where it is known that a dwelling unit is being used as a rental, of the record of the case and except for matters stipulated to and within three hundred (300) feet of the pr_gperty which is the sub- except for matters judicially noticeable, no other factual informa- ject of the application. In actions involving conditional use tion or evidence shall be considered in the determination of the permits, variances, subdivisions, and partitions, the Notl"ce case. Documentary evidence may be received in the form of copies distance shall be two hundred (200) feet, except as listed in or excerpts, or by incorporation by reference. the.following sentence, and notice shalt be sent to all property owners or contract purchasers of record. For actions involving 2• No decision shah be rendered except upon consideration of the conditional use permits which would allow no intensification or probative, and and stsupported en and in accordance with reliable, change in character of use in relation -to permitted uses, vari- ances not involving complete existing or contemplated resi- dential, commercial, and industrial structures, and partitions SECTION 12. ORDER OF PROCEDURE subject to administrative approval, the Notice distance shall be one hundred (100) feet, and notice shall be given 1o all property owners or contract purchasers of rec-ord. In actions involving The Presiding Officer shall conduct the Hearing in an orderly fashion, site review, Notice shall be given to property owners with pro- within the guidelines set forth herein: perty either contiguous or immediately affected. a. Commencement. The Presiding Officer shall announce the nature The failure of the property owner, contract purchaser, or renter and purpose of the Hearing, identify the name of each Appli - to receive Notice shall not invalidate the action if a good faith cant, and describe the general nature of each proposal. ttempt was made to notify all persons entitled to personal b. Abstentions: Any member who wishes to abstain from participation a Noice. c. Any other person or neighborhood organization requesting Notice in the Hearing on a proposal shall identify the reasons for in writing, if the person or persons so requesting demonstrate the record and shall not thereafter participate in discussion that they may be significantly and directly affected by the as a Council or Commission member or vote on the proposal. Council members shall abstain only with permission of Council. outcome of the hearing. d. Notice shall also be given by publication in a newspaper of gen- C. Planning Director's Report. The Presiding Officer shall request eral circulation in the City, at least ten (10) days prior to the Planning Director or a'Member of his/her staff to report, and the date of hearing. indicate the action required to be taken. Land Use Rules - 5 Land Use Rules - 6 d. Applicant's Case - Cross Examination. The Presiding Officer shall 2. The final decision of the Council or Commission shall include aI Iow -1 ho, AppI ic.inI fo prnsnnI- hi Vhnr ovidoncn in r,iipporI 1h,, its I- indin(l-, o f I )tul l,)w 1n 11h(Jri)uf 'Irld Ihu ".uiu, "Iinl I ,31)p11 ~:afion, the Applicant nnoy be limited to ten (10) minutes become part of the final record of the proceedinys. With respect in which -io present such evidence. Applicant shall be allowed to to the Council, Findings of Fact will be prepared by the staff produce witnesses on his/her behalf. Each such witness may be for approval by the Council at its next regular meeting or at -limited to five (5) minutes in which to present his/her testimony. an earlier meeting if so directed. Only those who voted in the Members of the audience in favor of the proposal shall thereafter majority in reaching the decision will be eligible to vote on be allowed to present their views, subject to the same five minute the adoption of the Findings of Fact. time limitation. The Presiding Officer shall allow Opponents to submit questions directly to the Applicant, Proponents, or their witnesses, provided same relate directly to the matters previously SECTION 14. RECORD OF PROCEEDINGS raised by their testimony. Applicant or proponents shall be allowed to cross examine the Planning Director and his/her staff regarding the Planning Director's report, and conclusions therein, provided I. The Clerk of the Council or Commission or a designee of the Presiding such cross-examination is in an orderly fashion. Officer shall be present at each formal hearing and shall provide that the proceedings be electronically or stenographically recorded. It shall not be necessary to transcribe the proceedings unless required e. Opponents Case -Cross Examination. The Presiding Officer shall for appeal or review or unless otherwise ordered by the Council or allow Opponents to present evidence in opposition to the proposal. Commission, which shall set an appropriate fee for such services Each such Opponent may be limited to five (5) minutes in which to be paid by the person requesting the transcript. to present his/her opposition. Opponents shall be allowed to cross examine Proponent or any of his/her witnesses. Opponents shall be 2. All exhibits received in evidence shall be marked or otherwise made allowed to produce witnesses on their behalf. Applicant shall be readily identifiable for purposes of review. Unless evidence is allowed to cross examine or otherwise rebut any new matters pre- capable of being offered and incorporated in the record of the case, sented by the Opponents or their witnesses. it shall not be received. All exhibits received into evidence shall f. Final Discussion - Summation. The Applicant and Opponent be retained by the Commission until the period for review has expired, may summarize their arguments, upon conclusion of which the at which time same shall be released upon demand to the person public hearing shall be closed, and no further evidence identified thereon. on that proposal shall be permitted unless the public hearing 3. All records and materials regarding land use hearing matters shall is re-opened. Members shall thereafter be allowed to openly discuss the proposal and further question any party appearing be open for public inspection. for or against the proposal as necessary. SECTION 15. REVIEW BY CITY COUNCIL c. SECTION 13. FINAL DECISION I. In the event that the initial hearing is before the Planning Commis- sion, the decision of the Commission shall be final as to all rnaftrtrs 1. At the conclusion of the Hearing, the Council or Commission may in which it is vested with final aulhority, unless a written pefiriu~~ approve the Application as submitted, deny the Application, approve for review by the Council is received by the Planning Director within the Application with such conditions as it deems appropriate, table fifteen (15) days after the decision by the Commission. The Council the proposal, or continue the Application for further study or may order review upon its own Motion within said fifteen (15) day deliberation to a date and time certain. period. No petition for review shall be required as to those matters in which the Planning Commission is vested with advisory authority only. Land Use Hearing Rules - 7 Land Use Hearing Rules - 8 2, Every petition for review as required by this Rule shall contain: SECTION 16. PUBLICATION OF RULES C a. A reference to the Application sought to be reviewed. These Rules shall be placed of record w irh -the City Council, Planning b. A statement of the interest of the petitioner to determine Commission, and the City Recorder, and shall be available to the public his/her party status. at all Council and Commission-meetings. c. The specific grounds relied upon in the petition for review. d. The date of the decision of the initial action. 3. The petition for review shall be accompanied by the required fee as specified in the Zoning Ordinance. 4. The Council. may affirm, reverse, or amend the decision of the The foregoing Resolution was read and Duly Adopted at a initial hearing, and may reasonably impose conditions necessary to regular meeting of the City Council of the City of Ashland on the carry out its decision. The Council may also remand the matter to day of J, 1978. the Planning Commission for additional hearing or information. a. In all cases the Council shall base its decision upon substantial evidence as supported by the record. b. The Council shall make Findings and state its decision upon the Nan . Franklin close of its hearing or upon continuance of the matter to a time City Recorder and date certain. 8. If the Application before the Planning Commission is denied either initially with no review, or upon review by the Council, or action by SIGNED and APPROVED this 9 day of ce 1978• the Courts affirming denial, no new Application for the same or sub- stantially similar action shall be filed for at least twelve (12) month, from the date of final order on the action denying application. ' 9. Notice of the Public Hearing for Review shall be given by notice pub- lished in a daily newspaper of general circulation within the City, Ga'ry L. rickett /t~~r and shall appear not less than three (3) times within the week of the Mayor meeting for items related to The Comprehensive Plan or Zoning Ordin- ance; and once ten days prior to the meeting for all other items. Notice shall also be sent to properly owners as provided in Section II (3) (b) above. 10. Petition for review to -the Council as provided herein shall be a con- dition precedent for Judicial Review of the Final Order of the Plann- ing Commission. Land Use Hearing Rules - y Land Use Hearing Rules - 10