Every application shall be considered by the Hearing Officer at a public hearing.
A. Burden of Proof. The burden of proof is upon the proponent. The more drastic the change or the greater the impact of the proposal, the greater is the burden upon the proponent. The proposal must be supported by proof that it conforms to the applicable provisions of this Code, especially the specific criteria set forth for the particular type of decision under consideration.
B. Order of Proceedings.
1. The Hearing Officer will state the case and call the public hearing to order. The Hearing Officer may establish the time allowed for the presentation of information.
2. Any objections or jurisdictional grounds shall be noted in the record.
3. Any abstentions or disqualifications shall be determined.
4. Presentation of staff report. City staff may also present additional information whenever allowed by the Hearing Officer during the proceedings.
5. The Hearing Officer may view the area in dispute for purposes of evaluating the proposal, but shall state the place, time, manner, and circumstances of such viewing in the record.
6. Presentation of information by the applicant or those representing the applicant.
7. Presentation of evidence or inquiries by those persons who support the proposal.
8. Presentation of evidence or inquiries by those persons who oppose the proposal.
9. Presentation of evidence or inquiries by those persons who do not necessarily support or oppose the proposal.
10. Rebuttal testimony may be presented by persons who have testified supporting or opposing the proposed change. The scope of material presented during rebuttal shall be limited to matters that were brought up during the course of the hearing. Rebuttal shall be first presented by the applicant or his/her representative and then by those opposed to the proposed change. The Hearing Officer shall limit rebuttal to avoid repetition or redundancy.
11. At the close of presentation of information, rebuttal, and written argument, the Hearing Officer shall declare that the hearing is closed unless there is a motion to continue the public hearing. Additional written argument may be permitted at the discretion of the Hearing Officer.
12. Once a hearing has been closed, it shall be reopened only by the Hearing Officer and only after a reasonable showing that:
a. There is evidence which was not reasonably available at the time of the hearing; and,
b. The evidence is now available to the person seeking to reopen the hearing; and,
c. The evidence is factual, substantial, and material. If the hearing is closed, no further evidence shall be received except in response to specific questions directed to staff or one of the parties to clarify earlier evidence. The opportunity for brief rebuttal shall also be afforded to adverse parties.
C. Rules of Procedure
1. Formal rules of evidence shall not apply.
2. Written exhibits, visual aids, affidavits, maps, and the like may be submitted as part of the evidence. Any signed writing presented to, or received by the Hearing Officer or by any other City agency or official outside the public hearing, may be received as argument and placed in the record, but will not be considered as part of the information, except that signed writing received at the Department of Community Development prior to the closing of the public hearing shall be included as part of the information in that hearing. Unless the Hearing Officer specifically allows later filing of argument, no writings received after the close of the hearing will be considered as argument.
3. All information received by the hearing authority shall be retained and preserved and shall be transmitted to an appellate body in the event an appeal is filed in accordance with Section 151.30.008. True copies of original information may be substituted for original documents.
4. All evidence and argument shall be as brief as possible, consistent with full presentation.
5. Redundancy shall be avoided.
6. Each person presenting information or argument shall be permitted to complete his presentation without interruption, except by the Hearing Officer, to enforce this Code.
7. Discussion of personalities shall be avoided to the extent possible in making a complete presentation.
8. No person present shall engage in applause, cheers, or other vocal or outward expressions of approval, or disapproval, agreement or disagreement. If any person persists in such conduct after warning by the Hearing Officer, such person may be expelled from the hearing.
9. The Hearing Officer has complete authority to enforce these provisions to assure that a fair hearing is held, including the authority to expel from the public hearing and to bar from further appearance at the public hearing any person who willfully violates any one or more of these provisions.
D. Considerations. Following the hearing, the Hearing Officer shall consider and make a finding, taking into account:
1. The testimony at the hearing;
2. A site inspection of the property in question;
3. The recommendations from interested official bodies.
E. Findings. After public hearing, the Hearing Officer shall render its decision in the form of a finding of fact which shall include:
1. A preamble summarizing basic facts regarding the property and action taken prior to the public hearing by the hearing authority. This preamble should include, but should not be limited to, statements regarding:
a. Size and location of property in question including tax lot number(s) and map number(s).
b. Purpose of application.
c. Statement of applicant(s) legal interest in the property.
d. Date of original application.
e. Whether or not applicant represents self or another person.
f. Date of all public hearings (if any other) and actions taken at those hearings.
g. Other relevant background facts, as appropriate.
2. A statement of the applicable criteria against which the proposal was tested, and of the Hearing Officer's interpretation of what would be required to achieve compliance with the criteria and standards.
3. A statement of the facts that the Hearing Officer found establishing compliance or noncompliance with each applicable criteria and assurance of compliance with applicable standards.
4. Specific findings of fact, individually numbered.
5. Ultimate findings of fact and conclusions, individually numbered. Such findings must relate relevant facts to the criteria identified previously. The findings may require an explanation of possible conflict between provisions of the identified legal criteria and an explanation of how any such conflicts were resolved.
6. The reasons for a conclusion, and the decision to deny or approve the proposed change, with or without conditions.
F. Staff Assistance. The Hearing Officer may request staff assistance to prepare proposed findings of fact.
(Ord. 2005-003, passed 1-13-05)